Fighting for Your Future: How Commercial Drivers Can Defend Their CDL Against Suspensions in Illinois

Commercial Drivers in Chicago Are Held to a Higher Standard—and Face Higher Risks

For commercial drivers in Chicago, a license isn’t just a convenience—it’s a career. Whether you’re running local deliveries on the South Side, hauling freight through Cicero, or operating a shuttle near O’Hare, your commercial driver’s license (CDL) is your livelihood. And in Illinois, it doesn’t take a conviction to lose it.

The Illinois Vehicle Code, under 625 ILCS 5/6-514, sets strict rules for how and when the Secretary of State can disqualify or suspend a CDL. These rules apply to offenses committed in both commercial and personal vehicles. That means a single traffic stop in your own car can cost you your job—even if the case never goes to trial.

Every year, commercial drivers are sidelined by license suspensions that could have been prevented or fought. Many don’t realize they have the right to challenge the suspension before it takes effect. Others hire attorneys unfamiliar with how CDL disqualifications differ from standard license suspensions.

As a Chicago criminal defense lawyer who handles commercial DUI and traffic cases, I’ve helped hundreds of CDL holders defend their license and their livelihood. If you hold a CDL and are facing suspension, don’t wait. The clock is ticking, and the rules are different for you.

Illinois CDL Suspensions: What Triggers Them and How They Work

Illinois has adopted many of the same rules used by the Federal Motor Carrier Safety Administration (FMCSA), meaning that the standards for CDL holders are higher—and so are the penalties. Under Illinois law, your commercial license can be suspended or disqualified for reasons such as:

A DUI arrest or conviction—even in your personal vehicle
Refusing a chemical test after a DUI stop
Multiple “serious traffic violations” within a three-year period
Leaving the scene of an accident
Driving a commercial vehicle without the proper license class
Using a vehicle in the commission of a felony

A first DUI or refusal results in a 1-year CDL disqualification. A second will permanently end your ability to drive commercially in Illinois and across the country. It doesn’t matter if the DUI happened in your car on the weekend. Once your CDL is flagged, your employer is notified and you may be terminated immediately.

It’s important to understand that a CDL disqualification is separate from your personal license suspension. You may still be allowed to drive a regular vehicle, but you can’t legally drive for work—and employers are rarely willing to wait.

This is why it’s crucial to act fast after an arrest or citation. You have 30 days to file a petition to challenge the statutory summary suspension that typically follows a DUI arrest or test refusal. If you miss that deadline, your CDL will be disqualified automatically.

Fictional Example: DUI Arrest in Back of the Yards and Immediate Legal Action

Let’s look at a fictional—but realistic—case involving a commercial driver from Back of the Yards. He drives a reefer truck for a meat processing company and was stopped on 47th Street after allegedly failing to signal. The officer claimed he smelled alcohol and conducted field sobriety tests, which the driver completed. However, the driver refused the breathalyzer, citing confusion about his rights.

He was arrested and released the next day. The arrest triggered a statutory summary suspension that would disqualify his CDL in just 46 days.

Within a week, the driver hired a Chicago CDL DUI attorney, who reviewed the police bodycam footage and found that the Warning to Motorist form was never properly read before the refusal. This made the summary suspension vulnerable to challenge.

At the hearing, the defense introduced the bodycam video and showed that the officer failed to follow statutory procedure. The judge agreed and rescinded the suspension. Because the CDL disqualification was based entirely on that administrative action, it was also lifted. The driver kept his job and continued working throughout the pending criminal DUI case.

Evidence That Law Enforcement Uses in CDL Suspension and DUI Cases

When police stop a driver and suspect DUI or reckless operation, they begin building a case immediately. For CDL holders, every piece of evidence is under scrutiny—because the consequences are career-ending. Here’s the kind of evidence they gather:

Dashcam and bodycam footage: Shows driving behavior and the officer’s interaction
Field sobriety test results: Often challenged for accuracy and conditions
Portable breath test results: May be unreliable and inadmissible in court
Station breathalyzer or blood test: Requires strict chain of custody and calibration records
Officer observations: Including speech, balance, eye movement, and statements
Your own words: Anything you say can be used at both your criminal trial and the administrative hearing
Your driving record: Prior incidents can enhance the penalties or change the classification of the offense

If you’re facing suspension, a Chicago criminal defense lawyer for commercial drivers will collect evidence of their own—surveillance videos, maintenance logs for testing devices, and witness statements—to challenge the state’s claims.

What Happens After Arrest: Court, Secretary of State, and CDL Disqualification

When you’re arrested for DUI or another serious traffic offense in Illinois, two things happen at the same time:

First, the criminal court process begins. You’ll be arraigned, enter a plea, and either begin the pretrial process or prepare for trial. A DUI in Illinois is usually a Class A misdemeanor, but if it involves injuries, children, or repeat offenses, it can be a felony.

Second, the Secretary of State moves to suspend your license and disqualify your CDL. This is done through the statutory summary suspension system, which is administrative and separate from your criminal case.

You have the right to demand a hearing in court to contest the suspension, but only if you act quickly. This hearing is the best opportunity to prevent CDL disqualification. Your lawyer can argue that:

The stop lacked probable cause
The arrest violated your rights
The officer failed to read required warnings
The test equipment was faulty or not properly maintained
The test results were unreliable or the procedure was flawed

Even if your criminal case is later dismissed, if you didn’t contest the administrative suspension, your CDL could still be disqualified.

Legal Defenses to CDL Suspensions in Illinois

The key to beating a CDL suspension in Illinois is attacking the weakest part of the case. Here are several common defenses that a Chicago CDL lawyer may use:

Lack of Probable Cause: If the stop was based on an unprovable or invalid reason, all resulting evidence can be suppressed.

Improper Warnings: If the officer failed to read the “Warning to Motorist” before asking for a breath test, any refusal may not be held against you.

Unreliable Testing: Breath and blood tests are only admissible if performed correctly and on properly maintained equipment. Your attorney can subpoena logs to challenge this.

Violation of Procedure: In some cases, officers fail to follow mandated DUI arrest protocol. This can include everything from unlawful detention to lack of Miranda warnings.

Medical or Physical Limitations: Drivers with certain health conditions may appear impaired or perform poorly on physical tests despite being sober.

Even if none of these defenses apply, a lawyer may still negotiate a plea to a lesser charge or push for supervision that avoids a criminal conviction—and helps reduce the risk of permanent CDL damage.

What to Look for in a CDL Defense Attorney in Chicago

When you’re facing CDL suspension or DUI charges, you need more than just a general criminal defense lawyer. You need someone who understands the technical, procedural, and occupational impact of these cases.

Look for a Chicago criminal defense lawyer who:

Handles CDL DUI cases regularly
Has a history of success at statutory suspension hearings
Understands Secretary of State disqualification rules
Will appear personally at every court date
Knows how to fight DUI science with facts, not fear

In your initial consultation, ask questions such as:

Have you handled CDL disqualification cases like mine?
Will you file for a hearing right away?
Do you subpoena the officer and test logs?
Can you help protect both my personal and commercial licenses?
What are realistic outcomes for my case?

CDL Suspension and Criminal Defense FAQs

Can I still work if my CDL is suspended but I haven’t been convicted yet?
You might not be able to. A summary suspension can result in immediate CDL disqualification before a criminal conviction. Once disqualified, even temporarily, you are not legally permitted to drive a commercial vehicle until the disqualification is lifted or expires. A Chicago CDL defense lawyer can act quickly to stop the suspension before it takes effect.

How long does a CDL disqualification last in Illinois?
That depends on the offense. A first-time DUI or test refusal leads to a 1-year disqualification. If the violation involved hazardous materials, the disqualification may last 3 years. A second DUI or second major violation leads to a lifetime disqualification. Timing matters, so legal action must be fast and strategic.

Is there any way to get a restricted CDL during suspension?
No. Illinois does not allow hardship or restricted CDLs. If your commercial license is disqualified, you’re not allowed to operate any commercial vehicle, even for emergency or limited purposes. That’s why keeping the disqualification from going into effect is critical.

Can I keep my job if I get supervision for DUI?
Possibly. Court supervision is not a conviction, and some employers will allow drivers to return to work once the CDL is reinstated. However, if your CDL was disqualified due to the summary suspension, you’ll need to fight that separately. A Chicago DUI lawyer can work to minimize both the legal and occupational impact.

What if my offense wasn’t alcohol-related? Can I still lose my CDL?
Yes. You can lose your CDL for serious traffic violations, such as reckless driving, speeding 15+ mph over the limit, following too closely, improper lane changes, or using a handheld device while driving a commercial vehicle. Two violations within three years can trigger a 60-day disqualification. Three violations may lead to 120 days.

Your CDL Is Worth Fighting For. Don’t Wait.

For CDL drivers in Illinois, a suspension or disqualification isn’t just an inconvenience—it’s a professional crisis. Without a commercial license, you lose your income, benefits, and possibly your career. Whether you were arrested for DUI in Chicago or received a serious traffic citation, it’s not too late to defend yourself.

At The Law Offices of David L. Freidberg, we fight for drivers across Chicago, Cook County, DuPage County, Will County, and Lake County. We understand CDL rules, we move fast to file the right petitions, and we don’t back down in court.