What to Do When Arrested for DUI in DuPage County, Illinois

Law Offices of David L. Freidberg, P.C.

Facing a DUI (Driving Under the Influence) charge in DuPage County can be an overwhelming experience, fraught with legal complexities and potential life-altering consequences. This comprehensive guide provides essential information on navigating the legal system, understanding the relevant statutes, and the implications of a DUI offense in this jurisdiction. It also highlights the critical role of skilled legal representation in achieving a favorable outcome.

Understanding DUI Charges in Illinois

Legal Definitions and Statutory References:
In Illinois, a DUI offense is primarily governed by 625 ILCS 5/11-501 of the Illinois Vehicle Code. This statute defines DUI as operating a motor vehicle while under the influence of alcohol, other drugs (including cannabis), intoxicating compounds, or any combination thereof. A DUI charge can be substantiated if your Blood Alcohol Content (BAC) is 0.08% or higher, or if there is evidence of impairment that compromises your ability to drive safely.

Key Provisions Under Illinois Law:

  • BAC of 0.08% or Higher: Being caught driving with a BAC at or above the legal limit can automatically lead to a DUI charge.
  • Drug Influence: Any trace of illicit controlled substances found in your system while driving can also result in DUI charges, regardless of your perceived impairment.
  • Aggravated DUI: Certain circumstances, such as having a previous DUI conviction, driving a school bus with minors present, or causing an accident that leads to serious injury or death, can elevate a DUI to an Aggravated DUI, attracting more severe penalties.

Potential Penalties and Consequences

Immediate and Long-Term Penalties:
The penalties for a DUI in DuPage County can vary significantly based on several factors, including the driver’s history, the presence of aggravating factors, and whether physical harm was caused. Potential penalties include:

  • First-Time Offenders: Possible imprisonment for up to one year, fines up to $2,500, and license suspension for a minimum of 12 months.
  • Repeat Offenders or Aggravated DUI: Heavier fines, longer jail terms, and extended or permanent license revocation. Aggravated DUIs can result in imprisonment for several years, especially if they involve bodily harm or death.

Administrative Penalties:
Apart from the criminal implications, a DUI arrest triggers an administrative procedure that can lead to the suspension of your driving privileges even before the criminal trial concludes. Known as the Statutory Summary Suspension, this is administered by the Illinois Secretary of State and is separate from any criminal penalties.

Effective Legal Defense Strategies

Challenging the Evidence:
A robust defense against a DUI charge can involve challenging the accuracy of the BAC testing equipment, the administration of field sobriety tests, or the legality of the traffic stop that led to the arrest. Questioning the procedures followed during your arrest and the handling of the evidence can sometimes lead to a reduction or dismissal of charges.

Negotiating Plea Deals:
In some cases, negotiating a plea deal might be the most strategic approach. An experienced DUI attorney can negotiate with prosecutors to potentially reduce the charges or penalties, often in exchange for a guilty plea to a lesser offense or agreeing to partake in rehabilitation programs.

Alternative Sentencing:
For first-time offenders, Illinois law offers alternatives to incarceration, such as probation, conditional discharge, or attending an alcohol education and treatment program. These alternatives focus on rehabilitation and are designed to help prevent future DUI incidents.

Importance of Experienced Legal Representation

Given the complexities and potential consequences of a DUI charge, securing experienced legal counsel is crucial. A qualified DUI defense attorney can provide invaluable guidance through the intricacies of both the criminal and administrative processes, help protect your rights, and advocate on your behalf.


A DUI charge in DuPage County carries significant legal consequences and requires a detailed understanding of both the law and effective defense strategies. With the right approach and skilled legal representation, it is possible to mitigate the impact of these charges on your life.

Call to Action

If you or someone you know is facing a DUI charge in DuPage County, do not hesitate to seek professional legal help. Contact The Law Offices of David L. Freidberg for a comprehensive legal review of your case. Offering a free consultation 24/7, we are committed to providing the powerful legal defense you need to get through this difficult time. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation.  We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County, ensuring dedicated legal representation tailored to your unique circumstances.

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