Can I Drive While My DUI Case Is Pending in Chicago?

What You Need to Know About Driving Privileges While Facing a DUI in Chicago

If you were recently arrested for DUI in Chicago, one of the first questions you’re likely asking is, “Can I still drive?” It’s a question I hear every week from clients in neighborhoods across the city—from Lakeview to Little Village, from Jefferson Park to Chatham. And the answer depends on several important factors tied to Illinois DUI law, including how your arrest was processed and whether you submitted to chemical testing.

Driving privileges in Illinois can be restricted immediately following a DUI arrest, even before your criminal case goes to trial. That’s because Illinois law separates the criminal DUI charge from the statutory summary suspension of your driver’s license. The arrest alone triggers administrative consequences, even if the prosecutor hasn’t yet filed the criminal complaint.

Under 625 ILCS 5/11-501.1, Illinois’ implied consent law, you are subject to a license suspension if you either fail or refuse a breath, blood, or urine test. For a first-time DUI arrest, the statutory summary suspension begins 46 days after your arrest unless you request a hearing within 30 days. That’s why it’s critical to act quickly. Once that deadline passes, your license will be suspended for:

6 months if you took and failed a chemical test
12 months if you refused chemical testing

This administrative suspension occurs even before you’re convicted of any crime. So, yes—your ability to drive is often affected before you ever step foot in a courtroom. As a Chicago DUI lawyer, I know how to challenge the basis of the suspension, file a petition to rescind it, and seek relief that allows you to drive legally while your case is pending.

But even if your license is suspended, you may qualify for a Monitoring Device Driving Permit (MDDP) that allows you to continue driving with a Breath Alcohol Ignition Interlock Device (BAIID) installed in your car. The MDDP is available to first-time DUI offenders who haven’t caused serious harm or death.

In other words, you may still be able to drive legally while your DUI case is pending in Cook County—but only if you take fast, strategic legal action with the help of an experienced defense attorney.

How Criminal DUI Cases Begin in Chicago, and What to Expect

Every DUI case in Chicago starts with a traffic stop or a DUI checkpoint. The officer may claim you were weaving, speeding, or violating a traffic signal. Once they approach your car, they look for signs of impairment: bloodshot eyes, slurred speech, or the smell of alcohol. You may be asked to exit the vehicle and perform field sobriety tests, followed by a portable breath test on the roadside.

If the officer believes you are impaired, they will arrest you for DUI under 625 ILCS 5/11-501. You’ll be taken to the station, where you’re asked to take a breathalyzer, blood, or urine test. Refusing these tests or registering over the legal limit triggers the statutory summary suspension mentioned earlier.

From there, two legal proceedings begin:

The criminal DUI case—where you face jail, fines, and a criminal record.
The driver’s license suspension hearing—where your ability to drive is challenged based on refusal or test failure.

As your Chicago DUI defense lawyer, I immediately request discovery materials including bodycam footage, the arrest report, breathalyzer calibration records, and field sobriety test scoring sheets. I also file a Petition to Rescind the Statutory Summary Suspension, which forces the state to prove that your suspension was legally justified. This is often the first hearing in a DUI case and must occur quickly.

It’s essential to know that even if your criminal DUI charge is eventually dropped, your license may still be suspended if you fail to challenge the summary suspension properly. The two processes are independent but happen at the same time.

That’s why legal representation from day one makes such a huge difference. Without it, you may end up convicted—or worse, lose your license—despite having a viable defense.

A Realistic Example: Driving Privileges in a Chicago DUI Case

Let me give you an example from a fictional case based on patterns I’ve seen in courtrooms all across the city. A man is pulled over near 95th Street and South Ashland Avenue in Chicago for allegedly swerving between lanes. He admits to having a couple of drinks earlier in the night and agrees to perform field sobriety tests. The officer says he “failed,” and the man is arrested.

At the station, the man refuses a breathalyzer. He doesn’t realize that this refusal will trigger a 12-month license suspension even before he goes to trial.

He’s released the next day and starts getting letters from the Illinois Secretary of State warning that his driving privileges will be suspended in 46 days. That’s when he contacts my office.

As his DUI lawyer in Chicago, I immediately file a Petition to Rescind and schedule a hearing within 30 days. At that hearing, I challenge the legality of the traffic stop, question the officer’s interpretation of the field tests, and highlight inconsistencies in the arrest report. The judge agrees that the stop was not supported by reasonable suspicion, and the summary suspension is rescinded.

Because we acted quickly, this client’s license was never suspended, and he continued driving legally during his entire case. Months later, his DUI case was also dismissed due to lack of probable cause.

Without legal help, this same person would have lost their license for a year—affecting his job, his family, and his finances—even though he was never convicted of anything.

Understanding the Criminal Process, Evidence, and Defenses in DUI Cases

When you’re charged with DUI in Chicago, the process moves fast. You’ll be assigned a court date at the Richard J. Daley Center, 26th & California, or another Cook County courthouse depending on where the arrest occurred. Your first appearance is your arraignment, where the judge will read the charges and set bond or pretrial conditions.

From there, the case moves into pretrial discovery, where we gather all the evidence. Law enforcement may collect the following:

Body camera and dashcam video
Officer observations and testimony
Field sobriety test results
Breathalyzer or chemical test results
Witness statements (if any)
Booking room footage
Maintenance logs for breath machines
Statements you made during or after the arrest

If there are problems with the traffic stop, the chemical test, or the officer’s conduct, I may file pretrial motions to suppress evidence or dismiss the case entirely.

Illinois courts are governed by strict procedural rules. The state must prove beyond a reasonable doubt that you were in actual physical control of a vehicle while impaired. That burden gives us plenty of room to raise doubt—especially when constitutional rights were violated or testing was flawed.

Some of the strongest legal defenses in DUI cases include:

Illegal traffic stop: If the stop wasn’t based on reasonable suspicion, everything that follows may be inadmissible.
Improper test administration: If field sobriety tests weren’t administered properly, their results may be excluded.
Unreliable breathalyzer: Machines must be properly maintained and calibrated. If they weren’t, we can challenge the results.
Medical conditions: Certain conditions can mimic signs of impairment or falsely elevate BAC readings.
No physical control: If you were sitting in a parked car without the engine running, the state may fail to prove you were operating the vehicle.

These defenses must be customized to your case. No two arrests are the same, and the strategy that works in one courtroom may not apply in another. That’s why hiring a DUI defense attorney in Chicago is crucial for every step of the process.

What to Look for in a DUI Defense Attorney in Illinois

When searching for a Chicago DUI lawyer, you want someone who’s familiar with Cook County courtrooms, understands how prosecutors think, and knows how to protect your driving privileges from day one.

You should ask the following questions during your free consultation:

Have you handled cases like mine before?
What’s your strategy to help me keep my license?
How soon will you file a Petition to Rescind my suspension?
What kind of outcomes have you achieved in similar cases?
Will you personally handle my case or hand it off to another lawyer?
Do you have trial experience in DUI cases?
What are the risks if I don’t fight the charges?

At The Law Offices of David L. Freidberg, I personally handle every DUI case. I’ve defended hundreds of clients across Chicago and the surrounding counties, and I know how to fight license suspensions and criminal convictions at the same time.

Frequently Asked Questions – Chicago DUI and Driving Privileges

Can I drive after my DUI arrest in Chicago?
You may be able to drive for 46 days after your arrest, but your license will be suspended automatically unless you act. You must file a Petition to Rescind within 30 days to preserve your right to challenge the suspension. If you miss the deadline, you could lose your license for 6 to 12 months, even before you’re convicted.

What is a Monitoring Device Driving Permit (MDDP)?
An MDDP allows first-time DUI offenders to drive legally during their suspension as long as they install a BAIID device. You must apply through the Secretary of State, and eligibility depends on your driving record and the nature of your offense. A Chicago DUI lawyer can help you with the application process.

Can I keep my license if I refused the breath test?
Refusing a breath test triggers a 12-month suspension, but it also denies the state a key piece of evidence. I’ve helped many clients get their suspension reversed at a rescission hearing, especially when the traffic stop itself was flawed.

Will I go to jail if I drive during a suspension?
Yes. Driving with a suspended license for DUI is a criminal offense under 625 ILCS 5/6-303, punishable by jail time, fines, and an extended suspension. Never drive without confirming with your attorney that you are legally allowed to do so.

What happens if my DUI is dismissed—does my license get reinstated?
Not automatically. You must still go through the Secretary of State to reinstate your license. A dismissal helps, but unless your summary suspension was also rescinded, the suspension remains in effect. That’s why fighting both aspects of your case is so important.

Why You Need a DUI Defense Attorney and Why Clients Choose David L. Freidberg

Trying to handle a DUI case alone in Chicago is a mistake. The court system is complex, the deadlines are tight, and the penalties are severe. Without a legal strategy in place, you may lose your license, pay steep fines, and carry a permanent criminal record.

At The Law Offices of David L. Freidberg, I work one-on-one with every client. I help you fight your suspension, build a defense, challenge the evidence, and protect your rights at every stage.

Whether your case is in downtown Chicago or at suburban courthouses in Skokie, Maywood, Bridgeview, or Rolling Meadows, I’m here to help.

Call The Law Offices of David L. Freidberg – DUI Defense You Can Count On

If you were arrested for DUI and failed a breath test, don’t assume it’s over. You still have legal options. You can still challenge the license suspension. And with the right legal representation, you may even beat the charge entirely.

At The Law Offices of David L. Freidberg, I’ve spent my career defending good people in tough situations. I know the laws, the courts, and the defenses that work.

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.