Was Your DUI Traffic Stop in Chicago Justified? What Drivers Need to Know About Illegal Stops

Every year, drivers across Chicago find themselves pulled over and arrested for driving under the influence—often without understanding whether the initial stop was even lawful. The legality of a DUI traffic stop is one of the most powerful factors in any defense strategy. If police lacked the necessary legal grounds to stop your vehicle, any evidence they obtained—including breath test results or field sobriety observations—may not be used against you in court.

Under Illinois law, specifically 625 ILCS 5/11-501, it is a criminal offense to drive while under the influence of alcohol, drugs, or other intoxicating compounds. But a DUI conviction depends not only on the evidence of intoxication, but on whether that evidence was legally obtained. A police officer cannot simply stop a driver because they have a “gut feeling” or because the person is driving late at night. The officer must observe an actual traffic violation or have a concrete, articulable suspicion of criminal behavior.

In urban areas like Chicago, officers often claim a driver committed a minor infraction—such as a wide turn, a broken taillight, or failure to signal—as the reason for the stop. Yet these justifications are often exaggerated or factually incorrect. Surveillance footage, dashcam recordings, or independent witness accounts may contradict the officer’s version of events. If your attorney can demonstrate that the officer lacked reasonable suspicion or probable cause to initiate the stop, a motion to suppress can be filed under the Fourth Amendment.

Once a judge agrees that the stop was unlawful, all evidence obtained as a result of that stop is inadmissible in court. This includes the results of chemical testing, your statements, and any observed signs of impairment. In many cases, this means the prosecution has no case to pursue. That’s why it’s so critical to review the legality of the traffic stop at the very beginning of your defense.

DUI charges in Illinois are classified based on several factors. A first offense is usually a Class A misdemeanor, punishable by up to 364 days in jail, fines up to $2,500, and mandatory driver’s license suspension. If there are aggravating circumstances—such as a prior DUI conviction, a crash that resulted in injury, or a child in the car—prosecutors can elevate the charge to a felony. For example, a second DUI committed within five years of the first offense can result in a mandatory minimum sentence and a long-term license revocation.

Unfortunately, many people arrested for DUI assume they have no choice but to plead guilty—especially when the officer claims they smelled alcohol or observed glassy eyes. But these subjective statements carry little weight when the stop itself was not valid. Officers must follow proper legal procedure from the moment they initiate a stop. If they do not, your attorney has the right to challenge every piece of evidence that followed.

The city of Chicago has strict DUI enforcement initiatives, including roadside checkpoints, late-night saturation patrols, and increased DUI patrols during holidays. While sobriety checkpoints are allowed under Illinois law, they must comply with specific guidelines. For example, law enforcement must announce the checkpoint in advance and must stop drivers in a non-arbitrary sequence. If these procedures are not followed, the stop can be declared unlawful.

After an arrest, your defense begins immediately. An experienced DUI attorney in Chicago will begin by obtaining all video evidence, squad car logs, the officer’s arrest report, and any available dispatch records. These documents are carefully reviewed to determine whether the officer had the legal basis to stop the car. If the stop was not supported by reasonable suspicion or probable cause, your lawyer can file a motion to suppress under 725 ILCS 5/114-12.

Your attorney may also challenge other aspects of the arrest process, such as how the field sobriety tests were administered, whether Miranda rights were read, and whether the breathalyzer was properly maintained and calibrated. Any error or legal violation by the police can serve as grounds to exclude evidence or dismiss the case entirely.

A DUI conviction can create a permanent criminal record, limit your employment options, increase your insurance rates, and result in mandatory classes, probation, or jail. It’s not just about fines or losing your license—this is a charge that follows you for life unless it is thrown out or reduced. With so much on the line, you should never accept a DUI charge without first consulting an attorney who understands how to challenge the stop itself.

The reality is, many DUI arrests in Chicago begin with legally questionable traffic stops. Police may pull over a vehicle for no legitimate reason, then claim after the fact that they observed erratic behavior. Without an attorney to challenge these claims in court, many defendants are left with a conviction they may have been able to avoid.

The Law Offices of David L. Freidberg has represented countless individuals charged with DUI in Chicago, Cook County, and throughout Northern Illinois. With decades of experience fighting traffic stops that lacked probable cause or reasonable suspicion, our firm is prepared to hold law enforcement accountable. We know how to uncover flaws in police reports, cross-examine arresting officers, and present compelling arguments in court.

If you’ve been arrested for DUI and you’re unsure whether the stop was even legal, don’t make assumptions that could hurt your case. There’s a very real possibility that your rights were violated—and if they were, the evidence may not be admissible. Our firm offers free consultations 24/7 to review your case and explain your legal options.

You don’t have to accept the consequences of a questionable DUI arrest. Protect your rights, your license, and your future by working with a defense attorney who knows how to challenge unlawful stops.

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

If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

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.