Can My Chicago DUI Attorney Help Me Keep My License After a DUI Arrest?

DUI Charges and License Suspensions in Chicago: What Drivers Need to Know

Getting pulled over for DUI in Chicago is frightening. But for most people, the panic truly sets in after they’ve been released from the station and realize their driver’s license is now at risk—before their court date has even arrived. As a long-time Chicago DUI attorney, I meet with drivers every week who are shocked to learn their license may be suspended automatically, even before a conviction.

The truth is, Illinois law allows the state to suspend your driver’s license just for failing or refusing chemical testingduring a DUI arrest. This is known as a statutory summary suspension. While the criminal case works its way through the Cook County court system, your license can be taken away by the Secretary of State unless you act quickly to challenge it.

That’s where a DUI defense lawyer in Chicago comes in. While no attorney can guarantee you’ll keep your license, hiring a lawyer who knows the process—and understands how to fight the evidence—gives you a real chance to stop the suspension and avoid a permanent criminal record.

Whether your arrest happened downtown, in Lakeview, or near O’Hare, your legal options are the same. But time is not on your side. You typically have just 30 days from your arrest to contest the license suspension, and many people miss that window entirely. With the right representation, however, you can often continue driving legally while we fight the charges in court.

Illinois Statutes That Impact Your Driver’s License in a DUI Case

Two statutes govern the majority of DUI-related license suspensions in Illinois:

625 ILCS 5/11-501 governs the offense of DUI.
625 ILCS 5/11-501.1 and 501.9 govern the statutory summary suspension process.

Under these laws, your license can be suspended in two situations:

If you fail chemical testing (breath, blood, or urine), your license will be suspended for six months on a first offense, or 12 months if you’ve previously been arrested for DUI.
If you refuse testing, the penalty is even more severe: 12 months for a first-time refusal, and three years if you’ve had a prior DUI.

This suspension kicks in automatically 46 days after your arrest unless a petition to rescind is filed within 30 days.

Your criminal case is separate from this administrative suspension. That means even if you’re found not guilty in court, your license could still be suspended unless your attorney successfully challenges the summary suspension in a separate hearing.

These hearings are often held at the Richard J. Daley Center or suburban Cook County courthouses like Maywood, Skokie, Rolling Meadows, or Bridgeview.

The statutory summary suspension is civil, not criminal, but its impact is very real. That’s why any Chicago DUI lawyerworth hiring will file for a rescission hearing immediately—and build a case focused on how the arrest and testing were conducted.

Fighting a DUI Suspension: What Evidence Do Police Rely On?

In every DUI arrest, Chicago police and Illinois State Troopers rely on a specific group of evidence types to justify the arrest and request for license suspension:

Probable cause for the stop (e.g., swerving, speeding, broken taillight)
Officer observations (bloodshot eyes, slurred speech, alcohol odor)
Field sobriety test performance
Portable breath test results
Statements made by the driver
Bodycam and dashcam footage
Official breathalyzer results at the station
Medical records if a blood test was performed

Your DUI defense attorney’s job is to obtain and evaluate all of this evidence. If any step in the process violated your rights—or if proper procedures weren’t followed—your attorney can file a motion to suppress that evidence. In some cases, the suppression of a breath test alone can lead to a dismissal of the entire criminal case and a successful rescission of the suspension.

Officers are also required to observe you for 20 uninterrupted minutes before administering a breath test, to ensure no contamination. If they don’t, the results can be challenged.

Additionally, the breathalyzer machines used by CPD must be calibrated and maintained according to strict guidelines. Failure to do so can render the test invalid.

The best DUI lawyers in Chicago are trained to spot these issues and act quickly to use them in your defense. But if you wait too long, that window of opportunity may close.

Fictional Case: How a Chicago Driver Beat the Suspension

Here’s a realistic scenario based on cases I’ve handled in neighborhoods like Uptown or Lincoln Park.

A driver is pulled over late at night for allegedly failing to stop at a stop sign. The officer says the driver had slurred speech and glassy eyes. Field sobriety tests are administered, and the driver is arrested. At the station, the driver takes a breath test and blows a 0.09—just over the legal limit.

At first glance, the case seems cut and dry. But as the DUI defense attorney, I file for a rescission hearing right away to challenge the automatic license suspension. During discovery, I obtain dashcam footage that shows the driver did stop at the stop sign. This undercuts the justification for the stop.

I also request the breathalyzer’s calibration logs. The logs show that the machine missed its last maintenance check and has a history of being off by .01 BAC in prior cases.

We present this evidence at the license suspension hearing. The judge finds that the stop lacked probable cause and that the test results are not reliable. The suspension is rescinded, and the client keeps their license while we continue to fight the criminal DUI charge in court.

This outcome didn’t happen by luck. It happened because of immediate legal intervention, strategic evidence review, and persistent courtroom advocacy.

Chicago DUI License Defense – Frequently Asked Questions

Can I keep driving after a DUI arrest in Chicago?
Yes, in many cases. If your Chicago DUI lawyer files a petition to rescind the statutory summary suspension within 30 days, you may be able to challenge the suspension before it begins. If successful, your license may not be suspended at all. Even if the suspension takes effect, you may qualify for a Monitoring Device Driving Permit (MDDP) with a BAIID device installed in your vehicle.

What’s the difference between the criminal DUI case and the license suspension case?
The criminal case determines whether you’re convicted of DUI and potentially sentenced to jail, fines, or supervision. The license suspension case is a civil administrative matter handled by the Illinois Secretary of State. They are separate, and winning one does not automatically mean you’ll win the other. That’s why your DUI attorney in Chicago must fight both.

Is it worth hiring a lawyer if I already failed the breath test?
Absolutely. Many DUI defenses focus on how the test was administered, not just the number itself. If the officer didn’t observe you properly, if the machine was uncalibrated, or if the stop was unlawful, the test may be excluded from evidence. A good Chicago DUI attorney knows how to attack the reliability of the results.

How long will my license be suspended if I lose?
If you fail chemical testing, the suspension is 6 months (first offense) or 12 months (second). If you refuse, the suspension is 12 months (first offense) or 3 years (second). The suspension starts 46 days after arrest unless your attorney wins the rescission hearing.

Can I drive to work during the suspension?
Yes, with an MDDP if you’re eligible. This requires installing a BAIID device in your vehicle. It allows you to drive for any purpose, not just work, during the suspension. Your Chicago DUI lawyer can help you file the application properly.

Will the court tell me how to fight the license suspension?
No. The court does not advise defendants on how to handle license issues. If you don’t file a rescission petition, the suspension happens automatically—even if you beat the criminal charge. That’s why having a lawyer who knows how to act quickly is critical.

Is DUI always a criminal offense in Chicago?
Yes. DUI is always a criminal charge in Illinois, either a Class A misdemeanor or a felony (aggravated DUI). A conviction cannot be sealed or expunged, and it stays on your record permanently. License suspensions are separate but still damaging.

What happens if I’m driving during the suspension and get caught?
Driving on a suspended license in Chicago—especially if suspended for DUI—is a criminal offense and may result in jail time, impoundment of your vehicle, and possible felony charges if it’s a repeat offense. If you lose your license, you must only drive under a valid MDDP or reinstatement order.

Why You Need a Chicago DUI Lawyer Who Knows the System

DUI cases move fast, and Illinois law doesn’t wait for you to catch up. Within days of your arrest, your license is already at risk—even if you haven’t gone to court yet. Most people don’t realize how severe the administrative penalties are until it’s too late to stop them.

By working with a Chicago criminal defense lawyer who focuses on DUI defense, you give yourself the best chance to keep your license, protect your record, and reduce or eliminate the charges against you. These cases are won and lost on small details—like camera footage, officer mistakes, or maintenance errors.

The earlier I get involved, the more I can do to help.

Call The Law Offices of David L. Freidberg for Help With Suspended License and Driving Permits in Chicago

If your license is suspended in Chicago or you’ve been charged with driving while suspended, get help immediately. The Law Offices of David L. Freidberg offers free consultations and aggressive representation across Cook County, DuPage County, Will County, and Lake County.

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

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.