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When Police Mistakes Get Your Chicago DUI Case Dismissed
Understanding the Stakes in a Chicago DUI Arrest
If you’re facing DUI charges in Chicago, the consequences are real and long-lasting. Even a first-time DUI arrest in Illinois can result in a misdemeanor conviction with jail time, steep fines, and a mandatory license suspension. If certain aggravating elements are present—such as prior DUI history, a crash, or minor passengers—your case could escalate to a felony, especially in Cook County where prosecutors take these charges seriously.
Yet many DUI arrests don’t lead to convictions. The reason? Law enforcement errors. As a Chicago DUI attorney who’s defended clients throughout the city and surrounding counties for decades, I’ve seen numerous cases fall apart due to mistakes made by police during traffic stops, roadside testing, or arrests. Officers are required to follow strict legal procedures, and when they don’t, we use that to your advantage.
What Police Need to Stop You for DUI in Illinois
A DUI case starts with a traffic stop. Under Illinois law and the Fourth Amendment, an officer must have a reasonable suspicion that a traffic violation or crime has occurred before pulling you over. That means simply driving at night in a high-bar area like Lincoln Park or Wrigleyville isn’t enough. Swerving or speeding might qualify, but even those justifications must be based on observable facts.
I’ve represented clients whose vehicles were stopped for so-called “wide turns” or “touching the lane divider,” yet when we obtained squad video footage, none of that was visible. When the reason for the stop isn’t supported by video or the officer’s own dash cam contradicts their report, we move to suppress the stop—and with it, all evidence gathered after.
If the stop is ruled unlawful, every test, statement, and arrest that follows gets thrown out.
Field Sobriety Tests: Often Misused and Misunderstood
Police in Chicago rely heavily on field sobriety tests (FSTs) to support DUI arrests. These include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test. But they are not foolproof. In fact, they’re deeply flawed and subjective.
Officers must follow the procedures laid out by NHTSA—the National Highway Traffic Safety Administration. That includes explaining the tests clearly, giving you time to comply, and performing the test under suitable conditions.
But Chicago’s streets don’t always cooperate. Sidewalks on the West Side may be uneven. Snow and ice in areas like Edgewater can throw off balance. Officers don’t always consider injuries, fatigue, or nerves. If they mark someone as failing a test without accounting for these issues, we challenge those results in court.
Body Cam Footage Can Make or Break a Case
The Chicago Police Department requires officers to activate body-worn cameras during traffic stops and investigations. In DUI cases, this footage can reveal inconsistencies or misconduct. Sometimes officers forget to activate the camera. Other times, they turn it off mid-interaction or the footage conveniently disappears.
That missing or incomplete footage often raises red flags with prosecutors and judges. In one case from Albany Park, a client was arrested for DUI but the entire roadside interaction was missing from the body cam record. The officer claimed slurred speech and a strong odor of alcohol, but there was no video to support that. We used that gap in evidence to pressure the State into dismissing the charges.
We request all video evidence—including squad car dash cams, body cams, and even nearby business surveillance—and scrutinize every second of footage for inconsistencies.
Problems with the Breath Test Machines
Illinois uses breathalyzer machines that are regulated under the Illinois Administrative Code, Title 20, Part 1286. These machines must be properly maintained, calibrated, and operated by trained personnel. Officers must observe you for 20 minutes before administering the test to ensure you don’t burp, vomit, or ingest anything that could skew the results.
But those rules aren’t always followed. In one case out of Pilsen, the arresting officer failed to document the 20-minute observation period. Even worse, the breathalyzer hadn’t been calibrated in more than a month, contrary to state regulations. We subpoenaed maintenance logs and were able to demonstrate the machine’s unreliability. The test result was suppressed, and the DUI case was dismissed.
Even if a driver blows over the legal limit, if the machine or operator is flawed, that evidence can’t be trusted.
How a DUI Conviction Affects Your Life
People sometimes think a DUI is a traffic ticket. It’s not. It’s a criminal offense. If you’re convicted in Illinois:
- Your license will be suspended or revoked
- You could face jail time, especially on a second or third offense
- You’ll pay thousands in fines, court fees, and DUI classes
- Your car may be impounded or fitted with a breath interlock device
- Your record will carry a permanent criminal conviction
This affects job prospects, credit checks, professional licenses, and even your housing applications. Employers in Chicago often run background checks—especially in industries like health care, education, transportation, or public service. One DUI can permanently derail your future.
The Criminal Case Process in Illinois
Here’s how the court process usually unfolds in a DUI case in Cook County:
- Arrest & Booking: You’re taken to the station for chemical testing and processing.
- First Court Appearance: Usually within a few weeks, at Daley Center or a suburban branch.
- Pretrial Hearings: This is where we challenge the traffic stop, breath test procedures, and other evidence.
- Trial: If the case isn’t dismissed or resolved, we proceed to trial and force the prosecution to prove every element beyond a reasonable doubt.
A skilled criminal defense attorney is critical at every stage. We file motions to suppress evidence, interview witnesses, request police discipline records, and bring in our own toxicologists when needed.
Fictional Example: A DUI Arrest Gone Wrong in Humboldt Park
A driver was pulled over in Humboldt Park for allegedly failing to signal a lane change. The officer claimed he saw signs of impairment: bloodshot eyes, nervous behavior, and slurred speech. The driver was arrested and taken to the station, where he submitted to a breath test.
But the body cam footage showed a different story. The driver used his signal, wasn’t swerving, and complied respectfully. The video also captured the officer misinterpreting the driver’s foreign accent as slurred speech.
We uncovered that the officer had recently been investigated for a similar wrongful arrest. By combining the video evidence, personnel records, and poor breath test procedures (including no clear 20-minute observation), we argued that the stop and arrest lacked legal merit.
The prosecutor offered a non-criminal disposition, and the DUI charge was dismissed. We then moved to seal the record to protect the client’s employment.
Why Legal Representation Makes All the Difference
You need an attorney who knows the legal system and the courtrooms in Cook, DuPage, Will, and Lake Counties. Without a lawyer, you’re gambling with your future.
We:
- Review every piece of evidence
- Demand compliance with CPD policies and Illinois law
- Suppress flawed or illegally obtained evidence
- Negotiate with prosecutors who know our track record
- Take your case to trial when it’s the right move
The prosecution must prove their case. We make them work for it—and often, that’s when they realize the case is too weak to win.
Chicago DUI Defense FAQs
Can a DUI be dismissed in Chicago due to lack of body camera footage?
Yes, it can. If the officer fails to activate or preserve body cam footage as required by CPD policy, that can raise significant credibility issues. Combined with inconsistencies in reports or unreliable breath test results, it may be enough to justify dismissal or suppression of key evidence.
What are the penalties for a first DUI in Illinois?
A first DUI is a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. The Illinois Secretary of State also imposes a statutory summary suspension of your license, typically for six months to a year, depending on whether you submitted to testing. Additional penalties may include alcohol education, community service, and court supervision.
How long does a DUI stay on my criminal record in Illinois?
A DUI conviction stays on your criminal record permanently in Illinois. It cannot be expunged or sealed if you are convicted. However, if your case is dismissed, or you are found not guilty, you can petition for expungement or sealing.
Can I refuse a breath test during a DUI stop?
Yes, but there are consequences. Under Illinois’s implied consent law, refusal to submit to a breath test will result in an automatic 12-month license suspension, even if you are never charged or convicted of DUI. The refusal can also be used as evidence in court.
How soon should I hire a DUI lawyer after being arrested in Chicago?
Immediately. You only have 90 days to request a hearing to challenge your license suspension. Evidence like body cam footage, dash cam video, and witness memories fade quickly. The sooner you hire a lawyer, the better chance you have to build a strong defense.
When You Need a Fighter, Call Us!
Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.
If you were arrested in Chicago, 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.