DUI Administrative Hearings vs. Criminal Court Cases in Illinois

What Every Driver in Chicago Must Understand

If you’re pulled over and arrested for DUI anywhere in Chicago, you’re immediately facing two very different legal battles: a civil administrative hearing and a criminal court prosecution. Each has its own timeline, rules, consequences, and potential long-term effects. Confusing the two—or assuming one will take care of the other—is a serious mistake that can cost you your license, your reputation, and even your freedom.

At The Law Offices of David L. Freidberg, I’ve defended hundreds of DUI cases across Chicago and surrounding counties. The first thing I do is break down exactly what the client is facing in both arenas—because it’s rarely explained clearly by police or court officials. These are two separate cases that move on parallel tracks.

The Chicago DUI Arrest That Starts It All

In Chicago, DUI arrests most often start with a traffic stop: weaving, speeding, failure to use turn signals, or a checkpoint stop near Lake Shore Drive, downtown, or on I-55. If the officer suspects you’ve been drinking or using cannabis or other substances, you may be asked to step out of your vehicle for field sobriety tests. If the officer believes they have probable cause, you’ll be arrested and transported for chemical testing.

Once arrested for DUI under 625 ILCS 5/11-501, two separate legal processes are triggered:

The administrative license suspension (civil), handled through the Illinois Secretary of State and the local court.
The criminal DUI prosecution, handled by the Cook County State’s Attorney or a local prosecutor in another county.

You can win one and lose the other. That’s why both cases require immediate legal action.

The Illinois Statutory Summary Suspension: A Civil Action That Moves Fast

The administrative side of a DUI case begins almost instantly. Under Illinois law, when you’re arrested for DUI and either:

Refuse a breath, blood, or urine test, or
Fail the test by blowing .08 or higher,

your license is subject to a Statutory Summary Suspension under 625 ILCS 5/11-501.1. This civil suspension kicks in automatically 46 days after your arrest, unless you challenge it.

This suspension has nothing to do with whether you’re ultimately convicted of DUI in court. It’s a penalty just for the failed or refused chemical test. For example:

A first-time offender who fails a test faces a 6-month suspension.
If you refuse testing, you could be looking at a 12-month suspension.
If there’s a prior DUI in the past 5 years, the penalties double.

To challenge this suspension, I file a Petition to Rescind immediately and demand a hearing. Under Illinois law, your hearing must be held within 30 days or the first scheduled court date, whichever is later. If the State fails to hold the hearing, the suspension may be void.

Criminal DUI Prosecution in Cook County and Chicago

The criminal case is entirely separate. It involves the court system and begins with a first appearance or arraignment at a courthouse like the Daley Center or 26th & California. You’ll be formally charged with DUI under 625 ILCS 5/11-501, and the case proceeds through the typical criminal process:

Bond hearing
Discovery
Pretrial motions
Trial or negotiated plea

The criminal charge is usually a Class A misdemeanor, punishable by:

Up to 364 days in jail
Fines up to $2,500
Mandatory alcohol education or treatment
Community service
Probation
Ignition Interlock Device (IID) through the BAIID program

If there are aggravating factors, such as a child passenger, bodily injury, or a third or fourth DUI, you could face felony DUI charges, leading to prison time under 625 ILCS 5/11-501(d) and beyond.

Administrative Hearings Focus on Process, Not Guilt

The civil hearing is not about whether you were guilty of DUI—it’s about whether the officer followed correct legal procedures during the arrest. It focuses on just four issues:

Whether you were properly warned under Illinois law
Whether you refused or failed chemical testing
Whether the officer had reasonable grounds to believe you were under the influence
Whether you were properly placed under arrest

Because of this narrow focus, even if you were legally impaired, we can sometimes win the administrative hearing if the officer failed to follow protocol. For example, if no warning was read, or if the timeline doesn’t match up in the sworn report, we can fight to rescind the suspension.

The Criminal Case Focuses on Impairment and Conduct

By contrast, the criminal case is about whether you committed a crime. The prosecution must prove beyond a reasonable doubt that you were driving or in physical control of a vehicle while impaired by alcohol, drugs, or a combination of both.

In these cases, I challenge the following:

The basis for the traffic stop (Was it legal?)
The field sobriety test procedures (Were they standardized and correctly administered?)
The breath or blood test results (Were they valid and accurate?)
The credibility of the officer (Are there contradictions?)
Chain of custody for evidence

A win in the criminal case may result in dismissal, acquittal, or a reduction to reckless driving—a non-alcohol-related offense.

Realistic Example: Arrest in Logan Square with Strong Administrative and Criminal Defenses

Let’s take an example of a young man stopped at night on Milwaukee Avenue in Logan Square. He’s pulled over for a broken taillight. The officer claims he smells alcohol and requests field sobriety testing. The driver submits to a breath test and blows a .082. He is arrested, and his license is set for automatic suspension.

I immediately file a petition to challenge the administrative suspension. At the hearing, we learn the officer failed to provide proper warnings, and the timeline on the sworn report is inconsistent with the arrest video. The suspension is lifted.

In criminal court, I file a motion to suppress the stop. There’s no probable cause beyond the taillight violation, and no visible signs of impairment in the dashcam video. The prosecutor eventually agrees to reduce the charge to reckless driving, sparing the client a DUI conviction.

Why You Shouldn’t Wait or Represent Yourself

Both proceedings move quickly, and both can cause long-lasting damage. Without an attorney:

You may miss your chance to rescind your suspension
You may fail to identify technical defenses
You could end up with a permanent criminal record
You may lose your ability to drive for months or years

The courts are not lenient just because it’s your first offense. The consequences of a guilty plea go far beyond court fines—insurance rates, job applications, background checks, and travel restrictions can all be affected.

How I Help Clients Fight Both Battles

At The Law Offices of David L. Freidberg, I take immediate steps to fight both aspects of your DUI case. That includes:

Filing the Petition to Rescind to preserve your license
Demanding and reviewing all bodycam, dashcam, and breath test calibration records
Challenging the constitutionality of the stop and arrest
Working to reduce or dismiss the charges through strategic pretrial motions
Representing you in every court appearance personally—not through a junior associate

Illinois DUI FAQs: Administrative Hearings and Criminal Cases

What is the difference between a statutory summary suspension and a DUI conviction?

A statutory summary suspension is a civil license penalty triggered by a failed or refused chemical test. A DUI conviction is a criminal offense on your record. One can occur without the other.

Can I drive during the license suspension?

Yes, if you’re eligible, you can apply for a Monitoring Device Driving Permit (MDDP) and install a Breath Alcohol Ignition Interlock Device (BAIID). But you must apply promptly.

Does the administrative hearing happen at the DMV?

No. The hearing occurs in traffic court as part of your DUI case, but it is civil in nature and handled separately from your criminal prosecution.

If I win the administrative hearing, does my criminal DUI get dismissed?

No. The administrative win affects your license but not your criminal charges. However, the findings may help your criminal defense strategy.

Can I still be convicted if my BAC was under .08?

Yes. If the State can show you were impaired to a degree that rendered you unable to safely drive, you can be convicted even below the legal limit.

What if I refused the breath test?

Refusing increases your license suspension period, but it may also deprive the prosecution of a key piece of evidence. This often becomes a core defense issue.

What are the consequences of a DUI conviction in Illinois?

They include jail, fines, license revocation, mandatory treatment, community service, and a permanent mark on your criminal record.

How long will this stay on my record?

Forever. Illinois does not allow DUI convictions to be expunged or sealed. That’s why fighting the charge is so important.

Protect Your License and Your Future with a Skilled Chicago DUI Lawyer

DUI cases in Illinois are complex and unforgiving. Every move—from filing deadlines to evidence challenges—can determine whether you walk away with your freedom and reputation intact. Without legal help, you’re at risk of losing far more than your license.

I’m David L. Freidberg, and I’ve defended DUI clients throughout Chicago, Cook County, and surrounding jurisdictions for decades. I personally handle your case, challenge every piece of evidence, and fight to keep you on the road and out of jail.

When You Need a Fighter, Call Us!

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.