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What to Ask a Chicago DUI Lawyer Before You Hire Them: Questions That Can Protect Your Future
Don’t Wait Until It’s Too Late to Choose the Right Attorney
DUI arrests in Chicago can happen quickly—often during a routine traffic stop that suddenly escalates. What follows can be even more confusing: police station processing, court dates, license suspension notices, and court appearances in crowded Cook County courtrooms. It’s natural to feel overwhelmed. But before you make any decisions, you’ll likely have the opportunity to speak with a Chicago DUI lawyer for a free consultation.
That meeting is not just a formality—it can be one of the most important conversations of your life. This is your chance to learn how serious your case is, what penalties you face under Illinois law, and how a private criminal defense attorney will fight for you in court.
Every DUI in Illinois is treated as either a misdemeanor or felony, depending on the circumstances. A first-time DUIwith no aggravating factors is a Class A misdemeanor under 625 ILCS 5/11-501, carrying up to 364 days in jail and thousands of dollars in fines. But if your case involves a child passenger, prior DUI convictions, or a crash with injury, it may be filed as an aggravated DUI, which is a felony carrying mandatory prison time.
From the moment of arrest to the final court appearance, Illinois DUI law is complicated and unforgiving. The decisions you make early in the case often shape the outcome. That’s why your initial meeting with a DUI attorney in Chicago is more than a consultation—it’s your chance to ask smart questions, evaluate the lawyer’s qualifications, and protect your future before the system closes in.
How DUI Cases Begin in Chicago and What Prosecutors Must Prove
DUI cases in Chicago often start with a traffic stop for speeding, improper lane usage, or expired tags. Sometimes the stop happens at a DUI checkpoint. Other times, it’s after an accident or a 911 call from another driver. Once the officer approaches, they look for signs of intoxication: slurred speech, glassy eyes, the smell of alcohol, or fumbling with documents.
If the officer suspects impairment, they’ll ask you to perform field sobriety tests and possibly submit to a preliminary breath test. Under Illinois’s implied consent law, refusing a chemical test will result in an automatic license suspension, regardless of whether you are later convicted. If you submit to testing and blow over 0.08 BAC, you’ll likely be arrested on the spot.
Once arrested, you’ll receive court paperwork, including a notice of a statutory summary suspension and a criminal complaint outlining the charges. The case is then sent to one of several courthouses in Cook County—such as 26th and California, Skokie, or Bridgeview—based on the location of the arrest.
The prosecution must prove that:
- You were operating or in physical control of a vehicle
- While under the influence of alcohol, drugs, or both
- To a degree that rendered you incapable of safely driving
They use police reports, dashcam footage, officer testimony, chemical test results, and witness statements to meet this burden. A qualified Chicago DUI defense lawyer knows how to break this evidence down and challenge every part of the state’s case.
Evidence That Can Be Used in DUI Cases—and How to Fight It
Understanding what evidence the state will try to use against you helps you know what to ask during your initial consultation. Illinois DUI cases often rely on a combination of:
- Officer observations of your behavior, speech, or appearance
- Results of field sobriety tests, which are often subjective and inaccurate
- Results of breath, blood, or urine tests
- Police dashcam and bodycam video
- Statements you made voluntarily or during questioning
- Witness accounts or crash reconstruction reports in cases involving accidents
Each type of evidence has its weaknesses. For example, breathalyzer machines require routine calibration and must be operated by certified officers. Field sobriety tests are often conducted under poor lighting, uneven ground, or during bad weather, leading to false signs of impairment.
An experienced criminal defense attorney in Chicago will know how to challenge this evidence through pretrial motions. They may file a motion to suppress based on illegal search or seizure, lack of probable cause, or improper test administration.
When you meet with a DUI lawyer for a free consultation, ask whether they plan to investigate these issues, whether they have experience with suppression hearings, and how often they challenge breath or blood test results.
A Fictional DUI Case from the West Loop: Defense Strategy in Action
Consider a realistic example from the West Loop neighborhood of Chicago. A woman leaves a restaurant and is pulled over on Halsted Street for “drifting within her lane.” The officer says she appeared nervous, smelled of alcohol, and had bloodshot eyes. She agrees to perform field sobriety tests but declines the breath test. She’s arrested and charged with DUI.
The woman meets with a Chicago DUI lawyer for a free consultation. The lawyer asks the right questions: Was the stop legal? Were the field tests administered correctly? Was the refusal documented properly? The client explains that she wore contact lenses that were irritating her eyes and that she was nervous due to the police stop—not because she was drunk.
The attorney subpoenas the dashcam and bodycam footage. The video shows that the vehicle didn’t drift outside the lane and that the officer exaggerated her performance on the walk-and-turn test. The defense files a motion to suppress the arrest based on lack of probable cause. The judge grants the motion, and the charge is dismissed.
This kind of outcome depends on having an attorney who knows how to pick apart weak evidence and challenge the prosecution’s assumptions. It starts with a consultation where the right questions are asked and answered.
What Makes a Good DUI Lawyer in Illinois?
Choosing a DUI lawyer is not about picking the most expensive option or the one with the flashiest website. It’s about finding someone who understands Illinois DUI law, has real trial experience, and has built relationships in the local courts.
A good Chicago DUI lawyer should:
- Have significant experience handling DUI cases in Cook County
- Be comfortable filing motions and challenging evidence
- Offer clear communication about strategy, costs, and timelines
- Personally handle your case, not pass it off to an associate
- Explain your rights in plain language
- Know the prosecutors and judges in your assigned courtroom
- Be willing to fight for dismissal or trial—not just push plea deals
During your free consultation, ask them about how they’ve handled cases like yours, whether they’ve successfully argued suppression motions, and whether they are prepared to take your case to trial if necessary.
Also, find out how they’ll keep you informed. Will you speak with the attorney directly? Will they return your calls? Will they send court updates in writing?
The answers will help you know whether this lawyer is going to stand beside you or treat you like just another case number.
Frequently Asked Questions About DUI Consultations in Chicago
How soon after my arrest should I schedule a consultation with a DUI lawyer?
Immediately. You only have 30 days from your arrest to request a hearing to fight your license suspension. Missing that deadline limits your options. A consultation with a Chicago DUI attorney right away ensures you don’t lose critical rights before your first court date.
What paperwork should I bring to the consultation?
Bring your bond slip, ticket, notice of statutory summary suspension, any court dates, and anything you were given at the station. If you don’t have it, that’s okay—a Chicago criminal defense lawyer can still evaluate your case and get the documents from the court later.
Can I be arrested for DUI even if I didn’t blow into a machine?
Yes. Illinois law allows for DUI charges based solely on officer observations and your performance on field sobriety tests. Refusing to blow triggers a license suspension but may limit the evidence against you. A DUI attorney in Chicago can assess whether the refusal will help or hurt your case.
Can I be charged with DUI if I wasn’t driving?
Yes. Illinois allows DUI charges based on “actual physical control” of a vehicle. If you were in the driver’s seat with the keys nearby—even if the car was parked—you can still face DUI charges. Ask your lawyer if this applies in your case and how they would fight it.
What if I already have a DUI conviction on my record?
If this is a second or third DUI, the penalties increase dramatically. A second DUI comes with mandatory jail or community service. A third DUI is a Class 2 felony. Be sure to tell your Chicago DUI lawyer about any past arrests so they can properly assess your risk and build a stronger defense.
Will the lawyer I meet with actually handle my case?
At The Law Offices of David L. Freidberg, I personally handle every DUI case that comes through our doors. During your consultation, ask whether the attorney you meet will be the one attending court. Continuity matters.
How long does the free consultation take?
Usually 30 to 45 minutes. During that time, we’ll review your paperwork, listen to your side of the story, explain your rights, and go over possible defense strategies. You’ll leave with a clear understanding of what comes next—and how we can help.
Why You Should Contact The Law Offices of David L. Freidberg
DUI charges don’t go away on their own. The courts in Chicago are not forgiving, especially when someone shows up unprepared or unrepresented. You need a criminal defense lawyer who treats your case with the urgency and strategy it deserves.
At The Law Offices of David L. Freidberg, we’ve successfully handled thousands of DUI cases in Chicago, Cook County, DuPage County, Lake County, and Will County. We fight for our clients from the very first meeting.
We don’t offer scare tactics. We don’t rush clients into pleas. We offer clear, aggressive, honest legal representation.
Call Now for a Free Consultation With a Chicago DUI Lawyer
If you’re facing a DUI charge in Chicago, don’t wait. Call The Law Offices of David L. Freidberg today for a free, no-pressure consultation.
We’re available 24 hours a day, 7 days a week. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation.
We’ll answer your questions. We’ll explain your rights. And we’ll start building your defense.

