Protecting Your CDL After a DUI Arrest in Illinois: Understanding State and Federal Rules

The Reality of a CDL DUI Arrest in Chicago

Chicago is one of the busiest freight and logistics hubs in the United States, with thousands of commercial vehicles moving through the city every day. For the professional driver, a CDL is more than a license — it is a livelihood. When that livelihood is threatened by a DUI arrest, the consequences can be immediate and devastating.

Illinois law treats CDL holders differently than non-commercial drivers, both in terms of the allowable blood alcohol concentration (BAC) and the penalties imposed for a violation. Under 625 ILCS 5/6-515, operating a commercial vehicle with a BAC of 0.04% or higher is a violation that can cost you your CDL, even if you are below the 0.08% threshold used for other drivers. This applies whether you were stopped on the Dan Ryan Expressway in a tractor-trailer or on a city street delivering goods in a smaller commercial truck.

The state penalties are only part of the story. Federal Motor Carrier Safety Administration (FMCSA) regulations impose their own sanctions. For example, a first offense DUI — even in a personal vehicle — can lead to a minimum one-year disqualification of your CDL under 49 CFR § 383.51. If you were hauling hazardous materials, the disqualification jumps to three years. A second DUI conviction, regardless of vehicle type, will result in lifetime CDL disqualification.

The combined impact of state and federal rules means that CDL holders must treat any DUI arrest as a crisis that needs immediate legal attention. It’s not just about avoiding jail time or fines — it’s about keeping your career alive.

How Illinois DUI Cases for CDL Holders Begin and the Investigation Process

The process often starts with a traffic stop or roadside inspection. In Chicago, commercial drivers can be stopped by city police, the Illinois State Police, or even federal inspectors if they are at a port or rail yard. Law enforcement is trained to look for certain driving behaviors — drifting between lanes, sudden braking, failure to signal — and will document these observations in detail if they suspect impairment.

Once you are stopped, the officer may ask questions about your travel, schedule, and last rest break. They may ask you to step out of the vehicle for field sobriety testing. CDL holders should understand that while these tests are voluntary, refusing them will not prevent a CDL suspension under Illinois law. In fact, refusal can be used against you in both the criminal case and the administrative process.

Breath or blood testing is the next step. For CDL drivers, 0.04% BAC or higher in a commercial vehicle will trigger both criminal charges and CDL disqualification. But Illinois also enforces a 0.08% BAC limit for any driver, meaning you could be charged for DUI in a personal car and still face the same career-ending consequences.

The arrest triggers two parallel processes: the criminal court case in Cook County and the administrative suspension handled by the Illinois Secretary of State. Missing the administrative hearing deadline can mean losing your CDL before your criminal case is even heard.

State and Federal Penalties for CDL DUI

Illinois and the FMCSA take a zero-tolerance approach to impaired driving by commercial operators.

Under Illinois law:

A first DUI conviction for a CDL holder operating any vehicle results in at least a one-year CDL disqualification (three years if carrying hazardous materials).
A second DUI conviction is a lifetime CDL disqualification, with no guarantee of reinstatement.
Criminal penalties for a first DUI (Class A misdemeanor) include up to one year in jail, up to $2,500 in fines, and mandatory alcohol education or treatment.

Federal rules under 49 CFR § 383.51 impose:

A one-year CDL disqualification for a first offense DUI in any vehicle.
Lifetime disqualification for a second offense.
Disqualification for refusing chemical testing.

These penalties are separate from any jail sentence, probation, or fine. Even if your criminal case is reduced or dismissed, administrative sanctions can still take away your CDL.

Evidence and How It Can Be Challenged

Prosecutors rely on several types of evidence in CDL DUI cases: officer observations, field sobriety test results, chemical test results, dashcam or bodycam footage, and sometimes logbooks or work records to show fatigue.

Every one of these evidence sources can be challenged:

Dashcam video may show steady driving despite claims of weaving.
Field sobriety tests may have been administered incorrectly or in poor conditions.
Breathalyzer machines must be properly calibrated and maintained; failure to follow required procedures can make results unreliable.
Medical issues such as diabetes, neurological disorders, or inner ear conditions can mimic impairment symptoms.

The key is identifying weaknesses early, before evidence becomes harder to contest.

A CDL DUI Defense in Action

Consider a hypothetical driver based in Chicago’s Brighton Park neighborhood. After delivering freight from Indiana, the driver is stopped near the intersection of Cicero Avenue and I-55 for alleged lane drifting. The officer notes bloodshot eyes and “a strong odor of alcohol,” but the driver had just completed a 14-hour shift and was fatigued.

A portable breath test registers 0.05% BAC, just above the CDL limit. The defense attorney obtains calibration logs for the device and finds multiple errors in the testing procedure. Dashcam footage also shows the driver maintaining control and signaling lane changes. At the statutory summary suspension hearing, the attorney argues that the stop lacked probable cause and that the chemical test results are unreliable. The administrative suspension is rescinded, and the criminal charges are later dismissed due to insufficient evidence.

Why You Need an Attorney Who Knows CDL DUI Law

CDL DUI defense is not the same as a regular DUI case. The timelines are tighter, the consequences harsher, and the evidence requirements more complex. An attorney must know not only Illinois DUI law but also the FMCSA rules and how the Secretary of State enforces disqualifications.

Without a lawyer, you may miss the chance to contest the administrative suspension. You may not know how to challenge chemical testing or whether the stop was lawful. Prosecutors will not volunteer information that helps your case.

A qualified defense attorney can:

File timely hearings to contest your CDL suspension
Examine and challenge the stop, arrest, and testing procedures
Represent you in both criminal court and administrative proceedings
Negotiate for reductions or dismissals where possible
Prepare for trial with expert witnesses if needed

Choosing the Right Criminal Defense Attorney in Illinois

When your CDL is at stake, you need an attorney with a proven track record in DUI defense and familiarity with commercial driving laws. You should ask about their experience with CDL-specific cases, their understanding of FMCSA rules, and their approach to both court and administrative hearings.

Questions to consider in your free consultation:

How many CDL DUI cases have you handled?
What is your strategy for contesting the statutory summary suspension?
How do you approach challenging breath or blood test evidence?
Have you defended clients in my specific court district?

Why The Law Offices of David L. Freidberg Is the Right Choice

The Law Offices of David L. Freidberg has defended CDL holders across Chicago, Cook County, DuPage County, Will County, and Lake County for decades. We understand the pressures professional drivers face and the devastating impact a DUI can have on your career. Our team fights aggressively in both court and administrative hearings to protect your license, your record, and your livelihood.

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.