First Dui And The Threat Of Deportation In Illinois

Chicago Criminal Defense Lawyer Explains What Every Non-Citizen Needs to Know

A first DUI arrest in Chicago is a shock to anyone, but for non-U.S. citizens, the impact can be life-changing. The legal system in Illinois treats driving under the influence seriously, and even a first offense can lead to jail, license suspension, and steep fines. But the greatest concern for many non-citizens is the potential for deportation.

Chicago’s diverse neighborhoods — from Uptown to Brighton Park — are home to residents from across the world. Immigration enforcement can become entangled with criminal prosecutions when a person is charged with DUI under 625 ILCS 5/11-501. Although Illinois law classifies most first-time DUIs as Class A misdemeanors, immigration authorities evaluate them differently.

Under 8 U.S.C. § 1227, certain offenses can make a non-citizen removable. While a first DUI rarely qualifies as an automatic deportable crime, aggravating factors, such as driving with a suspended license, causing injury, or having a minor in the vehicle, can turn it into a felony. Once that happens, your immigration status can be placed at risk.

The Law Offices of David L. Freidberg, a leading Chicago criminal defense law firm, regularly defends non-citizens accused of DUI. With a comprehensive understanding of Illinois statutes and immigration repercussions, the firm helps clients protect both their freedom and their legal right to remain in the United States.

Illinois DUI Law: What the Statutes Say

The main DUI statute, 625 ILCS 5/11-501, prohibits driving or being in actual physical control of a vehicle while under the influence of alcohol, drugs, or any intoxicating compound. A first conviction is a Class A misdemeanor, which can result in up to one year in jail, fines up to $2,500, and a minimum one-year license suspension.

If your blood alcohol concentration (BAC) exceeds 0.08 percent, or if there is evidence that your ability to drive safely was impaired, the State’s Attorney will file formal charges in the Circuit Court of Cook County.

Under 625 ILCS 5/11-501(d), aggravating factors elevate a first DUI to a felony, including:

Causing bodily injury or death
Driving with a revoked or suspended license
Having a passenger under 16 years old
Committing the offense in a school zone

For immigration purposes, any felony conviction is dangerous. It can prevent naturalization, terminate DACA or asylum status, and lead to removal proceedings. Even without a felony, a misdemeanor DUI may raise questions about “good moral character,” which immigration authorities assess under 8 C.F.R. § 316.10.

The Criminal Process in Chicago DUI Cases

After an arrest, you are typically taken to a local police district station or the Cook County Jail. You will appear before a bond court judge within 24 hours. The process then proceeds through several stages:

Arraignment: You are formally charged and enter a plea.
Pretrial motions: Your attorney can challenge probable cause, test results, or procedural errors.
Discovery: Both sides exchange evidence, including dash-cam and body-cam footage.
Trial or plea: Depending on the strength of the evidence, your lawyer may negotiate a plea deal or take the case to trial.

In many Chicago DUI cases, the prosecution relies on breathalyzer or blood test results. The Illinois Administrative Code, Section 1286.200, governs how these tests must be performed. If the police violate those procedures — for instance, failing to observe you for 20 minutes before testing — your attorney can argue that the evidence is invalid.

Immigration consequences often depend on whether a conviction is entered. For example, court supervision under 730 ILCS 5/5-6-3.1 is not considered a conviction under Illinois law and may help avoid removal. However, immigration courts sometimes view supervision differently, so your lawyer must evaluate the case carefully.

Example Case: First DUI in Chicago’s Irving Park Neighborhood

A lawful permanent resident was pulled over near Irving Park after briefly crossing a double line. The officer reported the driver’s speech was slurred and requested field sobriety tests. The driver complied and later submitted to a breath test showing a BAC of 0.08 percent.

The defense obtained surveillance footage from a nearby gas station showing that the driver’s tires never crossed into the oncoming lane. Further analysis revealed that the breath testing device had expired calibration. A motion to suppress was filed and granted. The State’s Attorney dismissed the case for insufficient evidence.

That outcome not only prevented a criminal record but also safeguarded the client’s immigration status. Without a conviction, ICE could not rely on the case to justify removal. This type of result demonstrates why working with an experienced Chicago DUI defense lawyer is essential when your future in the United States is on the line.

How Evidence Impacts Immigration and Criminal Proceedings

In DUI prosecutions, the evidence gathered at the scene often determines both criminal and immigration exposure. Police officers collect a range of materials: body-worn camera footage, witness statements, chemical test results, and written reports. Each piece must comply with Illinois law and constitutional standards.

Your attorney can review whether:

The stop was lawful under the Fourth Amendment
Testing devices were certified
Field sobriety tests were conducted properly
Miranda warnings were issued before questioning

Any violation can result in key evidence being thrown out, often leading to dismissal. That dismissal, in turn, prevents the record from becoming the foundation for an immigration action.

Collateral and Immigration Consequences

Even without deportation, a DUI conviction in Illinois can disrupt your immigration path:

Green card renewal: A DUI may delay or deny renewal if USCIS views it as evidence of poor moral character.
Naturalization: Applicants must show five years of good moral character; a DUI conviction within that window may block approval.
DACA renewal: A DUI can lead to termination or denial of Deferred Action for Childhood Arrivals.
Travel: Leaving and re-entering the U.S. after a DUI conviction can trigger secondary inspection and denial of entry.

Each of these outcomes makes it essential to fight the case aggressively from the start.

Legal Defenses to a First DUI Charge

A skilled Chicago criminal defense attorney may use one or more of the following strategies:

Challenging probable cause: If the stop was illegal, the entire case may be dismissed.
Questioning BAC accuracy: Breathalyzers must be properly calibrated and maintained.
Medical defenses: Conditions such as acid reflux, diabetes, or anxiety can produce false-positive results.
Suppression motions: Violations of Illinois Administrative Code testing rules can invalidate evidence.
Negotiation for reduced charges: In some cases, prosecutors may agree to reckless driving or supervision instead of conviction.

Each defense aims to prevent a record that could trigger immigration consequences.

FIRST DUI AND IMMIGRATION STATUS FAQs

Can I be deported for a first DUI in Illinois?
A standard first DUI with no aggravating factors typically does not result in deportation. However, if the DUI involves injury, a child passenger, or driving without a license, it can become a deportable offense.

Does a DUI make me ineligible for citizenship?
A DUI may affect your naturalization application if it occurred within the five-year period prior to applying. USCIS considers multiple DUIs or serious offenses as evidence of bad moral character.

If I have DACA, will a DUI cancel it?
Yes, in many cases. A DUI conviction may cause DHS to revoke DACA status or deny renewal.

Can I travel abroad while my DUI case is pending?
Traveling is risky. Immigration officers at re-entry checkpoints may detain or question you about your pending charges. It’s best to wait until the case concludes.

Is court supervision safe for immigrants?
Supervision avoids a formal conviction under Illinois law, which can reduce immigration exposure. However, federal agencies sometimes still consider the arrest record.

What if I refuse the breath test?
Refusal leads to an automatic license suspension but may limit the evidence available to the prosecutor. Discuss with your attorney whether refusal strengthens or weakens your defense.

Can I expunge my DUI record?
Only if your case was dismissed or you received supervision. A DUI conviction cannot be expunged in Illinois.

What if ICE becomes involved after my arrest?
You could be placed on an immigration detainer. Your criminal defense lawyer should immediately coordinate with an immigration attorney to protect your rights.

Can a plea bargain protect my immigration status?
Sometimes. Reducing a DUI to reckless driving or obtaining court supervision may help prevent removal. Every plea should be reviewed by an experienced Chicago criminal defense attorney familiar with immigration law.

Why should I hire The Law Offices of David L. Freidberg?
Attorney Freidberg has decades of experience defending clients in Chicago’s criminal courts, including those with immigration concerns. He fights to minimize criminal penalties and prevent deportation, offering 24/7 consultations and aggressive trial representation.

Call The Law Offices of David L. Freidberg for Immediate Help

When a DUI threatens more than your driver’s license, you need a lawyer who understands both Illinois criminal law and federal immigration risk. The Law Offices of David L. Freidberg provides dedicated legal representation for clients facing DUI and related offenses throughout Cook County, DuPage County, Will County, and Lake County.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic 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.