Arrested for DUI in Illinois? Here’s Why Assuming Guilt Is a Costly Mistake

A DUI arrest in Chicago might feel like a sealed fate—but it’s not. Just because the officer handcuffed you, or because you blew over the legal limit, doesn’t mean the State of Illinois can convict you. In fact, one of the most damaging things you can do to your case is assume that you’re guilty.

At The Law Offices of David L. Freidberg, I’ve defended thousands of individuals in situations just like yours. Many of them came in convinced that their case was hopeless, only to discover there were serious problems with the state’s evidence. If you’ve been arrested, the most important thing you can do is get informed—and get help.

Illinois DUI Charges Are More Complicated Than You Think

Most people think that DUI cases are black and white. You either blew over the legal limit or you didn’t. But Illinois law tells a different story. There are several ways someone can be charged with driving under the influence.

Under 625 ILCS 5/11-501, a person can be charged with DUI if they:

Operated a motor vehicle with a BAC of .08 or greater,
Were under the influence of alcohol or another intoxicating substance,
Were impaired by a combination of substances (legal or illegal),
Had any amount of a controlled substance in their blood or urine.

That means a person doesn’t need to be visibly drunk or even blow over the limit to face DUI charges. But it also means that prosecutors must meet strict legal standards to prove their case. The law requires more than just suspicion—it requires evidence that holds up in court.

You Might Have Admitted Guilt, But That Doesn’t Mean You’re Guilty

One of the most common mistakes I see in DUI cases is when clients say, “I already admitted I was drinking, so what’s the point of fighting?”

Here’s the truth: an admission is not the same as a conviction. In Illinois, the prosecutor still has to prove you were actually impaired or over the legal limit at the time you were driving. They must prove that the traffic stop was lawful. That the testing equipment was calibrated. That your rights were not violated. One statement you made, especially under stress or confusion, doesn’t automatically close the case.

Police often use pressure tactics to elicit statements that sound like confessions. I’ve seen officers write reports in a way that misrepresents what was actually said. With the help of a skilled attorney, these “confessions” can often be excluded from evidence or shown to be unreliable.

Failed the Breath Test? It Still Might Not Hold Up in Court

Many people think a breathalyzer result over .08% automatically equals a conviction. But breath tests are far from perfect. In fact, they’re one of the most successfully challenged pieces of evidence in DUI defense.

Here’s why:

The testing device must be properly calibrated and maintained.
The officer who administered the test must be certified and properly trained.
There are time requirements between drinking and testing.
Medical conditions like GERD or diabetes can create false positives.

If any of those factors come into play, a skilled attorney can file a motion to suppress the test results. And if the judge agrees, the prosecution loses one of their biggest pieces of evidence.

The Traffic Stop Itself Might Be Illegal

Another reason not to assume guilt is because many DUI cases start with a questionable stop. Under the Fourth Amendment, police cannot pull someone over without reasonable suspicion. That means the officer must have observed a clear violation of the law—such as speeding, swerving, or running a red light.

If you were pulled over without proper legal grounds, every piece of evidence gathered after the stop—including the breath test—could be thrown out. This is called the “fruit of the poisonous tree” doctrine, and it applies to all criminal cases in Illinois.

As your defense attorney, one of the first things I do is review the dash cam and body cam footage to determine whether the stop was lawful. If it wasn’t, I’ll file a motion to have the entire case dismissed.

DUI Convictions Carry Long-Term Consequences in Illinois

Even a first-time DUI conviction can do serious damage to your future. Beyond the fines and possible jail time, you’ll face:

Driver’s license suspension or revocation
Mandatory classes and substance abuse evaluations
Ignition interlock device (BAIID) installation
Massive insurance premium increases
A permanent criminal record

You’ll also lose job opportunities, have trouble renting housing, and face public embarrassment. It’s not just a traffic ticket—it’s a life-altering criminal charge.

For repeat offenders or those facing felony DUI charges, the consequences grow even more severe. A third DUI offense is a Class 2 felony under 625 ILCS 5/11-501(d)(2)(B) and can result in 3 to 7 years in prison, even if no one was hurt.

What If You Plead Guilty? Is It Over?

Many people think pleading guilty will make the situation go away faster. But that short-term decision can have permanent consequences. In Illinois, a DUI conviction stays on your criminal record forever. It cannot be expunged or sealed—even if it’s your first offense.

The only way to avoid this is to fight the charge and seek a result that doesn’t involve a conviction, such as:

Dismissal of charges
Court supervision
Not guilty verdict at trial
Reduction to a lesser charge, like reckless driving

But once you plead guilty, those options are gone. That’s why it’s so critical to consult with a criminal defense attorney before making any decisions.

Police Make Mistakes. That’s Why You Fight.

Police officers are human. They make mistakes. They misread clues. They fail to follow procedure. And sometimes, they overstep legal boundaries. That’s why we have a criminal justice system—to protect against unjust convictions.

I’ve handled DUI cases where officers:

Misapplied field sobriety test rules
Arrested people without probable cause
Incorrectly administered breath or blood tests
Failed to document their procedures properly
Violated clients’ constitutional rights

If you don’t fight, none of these issues come to light. But when you hire a DUI defense lawyer, we investigate every detail.

What a DUI Defense Attorney Actually Does For You

From the outside, it might seem like a DUI lawyer just shows up in court and asks for a plea deal. But that couldn’t be further from the truth. A skilled defense lawyer works behind the scenes to:

Request and review all discovery evidence
Challenge the validity of tests and traffic stops
File motions to suppress or dismiss evidence
Represent you at all court hearings
Negotiate with prosecutors for reduced charges or alternative sentencing
Take your case to trial if needed

And the sooner you get an attorney involved, the better. Certain motions must be filed quickly. Waiting even a few days can affect your ability to save your driver’s license or challenge your arrest.

Why Early Legal Help Makes a Difference

One of the first things we do is challenge the Statutory Summary Suspension—the automatic license suspension that takes effect 46 days after your arrest. If we succeed, you keep your driving privileges while your case is pending.

We also handle communication with prosecutors, gather medical records to show alternate explanations for test results, and interview witnesses if needed. Every action is geared toward creating a strong defense from day one.

The Law Offices of David L. Freidberg Can Help You Fight

My practice is built on one goal: protecting people accused of crimes in Illinois. DUI defense is one of the most common areas I handle, and I know what it takes to win.

Whether you were arrested in downtown Chicago, Cicero, Oak Park, Evanston, or anywhere in Cook County or the surrounding areas, I can help. My office works in:

Cook County
DuPage County
Will County
Lake County

I offer personalized, aggressive defense tailored to the facts of your case.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

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.