The Trial Process in Illinois and How We Fight DUI Charges

Understanding Criminal Charges in Chicago and Across Illinois

Chicago is a vibrant city, but like all urban areas, it sees its share of criminal charges, from misdemeanors to serious felonies. In Illinois, criminal charges fall under two broad categories: misdemeanors and felonies. Misdemeanors are less severe but still carry significant penalties, including possible jail time and fines. Felonies, on the other hand, can result in long-term imprisonment, hefty fines, and a permanent mark on your criminal record. Driving Under the Influence (DUI) is one of the most frequently charged crimes in Illinois and may be classified as either a misdemeanor or a felony depending on the facts of the case.

Under 625 ILCS 5/11-501, it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher, or while under the influence of alcohol, drugs, or intoxicating compounds. A first or second DUI is generally a Class A misdemeanor punishable by up to 364 days in jail and fines up to $2,500. However, aggravating factors—such as causing serious injury, having multiple prior offenses, or driving without a valid license—can elevate the offense to a felony, such as a Class 4 or Class 2 felony, which carries potential prison sentences ranging from one to seven years or more.

How Criminal Cases Begin in Illinois

The criminal process in Illinois starts with an investigation. Police officers initiate investigations after observing suspicious activity, receiving tips, or responding to incidents. If the investigation provides probable cause, officers may make an arrest. In a DUI case, probable cause may come from field sobriety tests, breathalyzer results, or erratic driving behavior.

Once a person is arrested, they are taken into custody and booked. The police compile a report, which is sent to the prosecutor for review. The prosecutor decides whether to file formal charges based on the evidence. If charges are filed, the case proceeds to arraignment where the accused is formally notified of the charges and enters a plea.

At this early stage, having legal counsel is critical. At The Law Offices of David L. Freidberg, we begin building the defense immediately, examining the police report, evidence chain of custody, and procedural conduct to identify any constitutional violations.

The Investigation, Arrest, and Pre-Trial Procedures

From arrest to arraignment and beyond, several legal procedures affect the course of a DUI case. After the arrest, Illinois law provides the accused with rights that must be protected. If a field sobriety test or breathalyzer was improperly administered, or if the traffic stop lacked legal justification, we can file motions to suppress that evidence.

The pre-trial phase is an opportunity to review evidence disclosed by the prosecution. Discovery includes police reports, lab results, dashcam footage, and witness statements. If the prosecution has weak or questionable evidence, it may be possible to negotiate a reduction in charges or dismissal.

Many DUI cases in Chicago are resolved during pre-trial negotiations. As a strategic legal team, we know how to leverage evidence gaps, procedural flaws, and legal precedent to secure favorable outcomes. See how we handle these negotiations on our Chicago DUI Defense page.

Illinois Criminal Trial Process for DUI Charges

When a case cannot be resolved through pre-trial motions or plea negotiations, it proceeds to trial. In Illinois, the trial process follows a structured format:

The first phase is jury selection, where both the prosecution and defense question potential jurors. We aim to ensure a fair, impartial jury by eliminating individuals who may be biased against defendants in DUI cases.

Next comes opening statements. The prosecution outlines their evidence and how they intend to prove guilt. We respond with a preview of the defense strategy, often focusing on flaws in the evidence, alternative explanations, or violations of your rights.

During the trial, the prosecution presents witnesses such as arresting officers, lab technicians, or expert toxicologists. They may introduce bodycam footage or chemical test results. We challenge every piece of evidence through cross-examination, expert testimony, and legal objections.

In one recent case, we defended a client charged with aggravated DUI after a minor accident. The officer testified the client failed the field sobriety tests. However, we introduced medical records showing a neurological condition that affected the client’s balance. The breath test was also conducted more than two hours after the stop. By highlighting these issues, we raised doubt and secured a not guilty verdict.

Following evidence presentation, closing arguments are made, summarizing the strengths and weaknesses of each side. The jury then deliberates and renders a verdict.

For more trial defense strategies, visit our Criminal Defense Blog.

What Evidence Law Enforcement Uses in Illinois DUI Cases

Law enforcement gathers various forms of evidence in DUI cases, including:

• Officer observations: Slurred speech, bloodshot eyes, and the smell of alcohol
• Field sobriety tests: Walk-and-turn, one-leg stand, and horizontal gaze nystagmus
• Chemical tests: Breath, blood, or urine tests measuring BAC
• Video footage: Dashcam or body-worn camera recordings
• Witness testimony: Passengers, bystanders, or other drivers

We analyze the collection, handling, and admissibility of this evidence. If a test was administered without proper consent, or equipment wasn’t calibrated correctly, we move to suppress that evidence. The chain of custody must also be intact for chemical samples.

Why You Need a Criminal Defense Lawyer from the Start

The earlier we get involved, the better we can protect your rights. From the moment of arrest, every statement you make can be used against you. We intervene to ensure law enforcement follows legal procedures, and that your rights under the Fourth, Fifth, and Sixth Amendments are preserved.

Our legal team assists with:

• Bond hearings
• Pre-trial motions
• License reinstatement hearings
• Evidence review and analysis
• Plea negotiations
• Bench or jury trial representation

Hiring a criminal defense attorney is essential not just for the courtroom but throughout the entire process. Even a first-time DUI conviction can lead to driver’s license suspension, fines, jail, mandatory alcohol programs, and a criminal record that affects employment, housing, and future background checks.

Potential Legal Defenses Against DUI in Illinois

Several defense strategies can be used in Illinois DUI cases, depending on the circumstances. These include:

• Challenging the legality of the traffic stop
• Arguing improper administration of field sobriety or breath tests
• Disputing the timing of chemical tests
• Presenting medical or health-related explanations for symptoms
• Proving chain-of-custody errors with blood or urine samples
• Establishing that the defendant was not in physical control of the vehicle

Each defense requires a customized approach. Our law firm investigates every aspect of your case, consulting toxicologists, accident reconstruction experts, and reviewing past case law to build the strongest possible defense.

Choosing the Right Criminal Defense Attorney in Illinois

Not all attorneys are the same. When facing criminal charges in Illinois, especially DUI, you need someone with courtroom experience, investigative skill, and trial preparation tactics that have been proven to succeed in Illinois courts. Look for a lawyer who has defended DUI charges in Cook County and throughout Illinois.

At The Law Offices of David L. Freidberg, we have defended hundreds of DUI and criminal cases with successful outcomes. We work aggressively to protect your freedom, driving privileges, and future.

What to Ask a Criminal Defense Attorney During a Free Consultation

During your consultation, ask:

• How many DUI cases have you taken to trial?
• What were the outcomes of cases similar to mine?
• What is your strategy for challenging evidence in my case?
• Will you personally handle my case or delegate it?
• What are the total expected costs, including trial?

We provide honest, direct answers and offer 24/7 availability to our clients.

City-Relevant Illinois Criminal Defense FAQs (750 words)

What Happens If I Am Arrested for DUI in Chicago?

You will be booked and may be required to post bond. You will receive a court date for arraignment. It’s crucial to hire legal counsel immediately to begin your defense and address potential license suspension under Illinois’ implied consent laws.

Is a First-Time DUI in Illinois a Felony?

No, typically a first-time DUI is charged as a Class A misdemeanor. However, if you caused bodily harm or were driving with a minor under 16, it may be charged as a felony under 625 ILCS 5/11-501(d).

Can I Refuse a Breathalyzer Test in Illinois?

Yes, but refusing can result in automatic suspension of your driver’s license under Illinois’ implied consent law (625 ILCS 5/11-501.1). We can contest this suspension during a Statutory Summary Suspension hearing.

How Long Will a DUI Stay on My Record in Illinois?

A DUI conviction in Illinois cannot be expunged or sealed. It remains on your permanent criminal record unless dismissed or found not guilty.

What Are the Penalties for a Second DUI in Illinois?

A second DUI within 20 years results in a minimum five-year license revocation and mandatory jail time or community service. The penalties increase significantly for each subsequent offense.

Can I Drive After a DUI Arrest in Chicago?

You may be eligible for a Monitoring Device Driving Permit (MDDP) if it’s your first offense. You must install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle.

How Can a Lawyer Help Me Avoid a DUI Conviction?

A lawyer can file motions to suppress evidence, challenge test results, cross-examine officers, and negotiate alternative sentencing or reduced charges, potentially avoiding a conviction entirely.

Do I Have to Go to Court for a DUI in Illinois?

Yes. You must appear in court unless your lawyer obtains permission to appear on your behalf for some procedural hearings. Failing to appear can result in a warrant for your arrest.

Can a DUI Be Dismissed in Illinois?

Yes. If your rights were violated, or the evidence is weak or inadmissible, your attorney can request a dismissal. Many cases are resolved without conviction through legal motions or negotiations.

Will a DUI Affect My Employment in Illinois?

A DUI can affect job applications, professional licenses, and current employment—especially for commercial drivers, teachers, healthcare workers, and government employees.

Why You Need a Defense Attorney for DUI Charges in Illinois

DUI charges in Illinois carry serious penalties and long-term consequences. Attempting to fight these charges without an attorney is a mistake that can lead to jail time, permanent criminal records, and loss of driving privileges. An experienced trial lawyer can evaluate the prosecution’s case, raise legal defenses, and negotiate for favorable outcomes.

The Law Offices of David L. Freidberg is committed to protecting the rights of individuals accused of DUI in Chicago and surrounding counties. Our aggressive approach and trial-tested strategies offer you the best chance at preserving your freedom and future.

Call The Law Offices of David L. Freidberg Today

If you or a loved one is facing DUI charges in Chicago, Cook County, DuPage County, Will County, or Lake County, don’t wait. The sooner you act, the better your defense will be. The Law Offices of David L. Freidberg is available 24/7 to take your call. We offer a free, confidential consultation to discuss your case.

If you were arrested in Chicago for DUI, 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.