Why a Public Defender May Not Be Enough to Fight Your DUI License Suspension in Chicago

Understanding the Two Cases Behind Every DUI Arrest in Chicago

If you’ve been arrested for DUI in Chicago, you’re not just dealing with one legal problem—you’re facing two separate but equally dangerous cases: a criminal charge and an automatic license suspension. Most people focus on the criminal side: Will I go to jail? Will I have a criminal record? But many don’t realize until it’s too late that the statutory summary suspension of your license happens on a different timeline, and it doesn’t wait for your court case to be resolved.

Under 625 ILCS 5/11-501.1, if you’re arrested for DUI and either refuse a chemical test or blow a 0.08 BAC or higher, the State of Illinois will automatically suspend your driver’s license. This is an administrative penalty, not a criminal sentence. It kicks in just 46 days after your arrest unless you challenge it in time.

Here’s where things get complicated. If you’re assigned a public defender, they are usually focused on the criminal case—not the license suspension hearing. They may not advise you of your right to file a Petition to Rescind Statutory Summary Suspension, or they may not be able to act quickly enough to schedule that hearing within the 30-day deadline.

That means your license can be taken from you before you’ve even had your first court appearance—whether or not you’re found guilty of DUI.

If you’re asking whether a public defender is enough to protect your license in a DUI case, the answer often comes down to timing, priorities, and the level of personal attention you receive. In a busy public defender’s office, fighting a license suspension is usually not the top priority. But for many clients, losing the ability to drive is the punishment that hits hardest.

The Consequences of a DUI License Suspension in Chicago

Chicago may be a major city with public transportation, but for many people—especially those living in neighborhoods like Garfield Ridge, Austin, or Jefferson Park—driving is a necessity. Whether it’s commuting to work in the suburbs, driving kids to school, or making deliveries, the loss of your license can throw your life into chaos.

Under Illinois law, if you:

Fail a breathalyzer test, your license is suspended for:
- 6 months (first offense)
- 12 months (second offense within 5 years)
Refuse the test, your license is suspended for:
- 12 months (first offense)
- 36 months (second offense within 5 years)

These suspensions are called summary suspensions because they happen automatically and quickly. Unless you file to contest the suspension within 30 days of your arrest, there’s no way to stop it once it begins.

A conviction or supervision for DUI is separate and comes later. That’s why some people are shocked when their case is still pending but they receive a notice in the mail saying their driving privileges are revoked.

The real problem is that many people with public defenders never even hear about the opportunity to stop the suspension because no one explained it—or worse, the public defender is simply overwhelmed and doesn’t have the time to act.

A private Chicago DUI attorney will often file the petition the same day you hire them and will get your case on the court’s calendar in time to preserve your rights.

Public Defenders and the Reality of Courtroom Caseloads

Public defenders in Chicago do important work. They protect the rights of defendants who cannot afford private counsel, and many are passionate and committed attorneys. But there’s no denying that the public defender system is stretched thin.

In the Cook County criminal courts, a public defender may be assigned dozens of cases per day. That means they are forced to triage—focusing on clients in custody or those with urgent court appearances. License suspension hearings, while important, often fall to the bottom of the list.

To challenge your license suspension, your lawyer needs to:

File a petition to rescind the suspension
Serve notice to the State’s Attorney
Schedule a hearing in traffic or DUI court
Prepare cross-examination questions for the arresting officer
Review test logs, bodycam, and any probable cause claims
Show up and argue your case

In reality, many public defenders simply don’t have the bandwidth to take all those steps within 30 days—especially when your first court appearance might not even be scheduled until the suspension deadline has passed.

That doesn’t mean they’re not trying. It just means the system is not set up to handle DUI license suspensions with the urgency they require.

The Legal Process: DUI Arrest, License Suspension, and Criminal Trial

DUI cases in Chicago typically begin with a traffic stop. The officer may pull you over for speeding, weaving, or a minor violation like a broken tail light. If they suspect you’re impaired, they’ll initiate an investigation. This includes:

Asking questions about alcohol or drug use
Requesting field sobriety tests
Administering a portable breath test (PBT)

If the officer believes you’re intoxicated, you’ll be arrested and taken to the station, where you’ll be asked to submit to a breath, blood, or urine test. Refusal or failure leads directly to a statutory summary suspension.

Meanwhile, your criminal case begins with your arraignment, where you’ll be formally charged under 625 ILCS 5/11-501 with DUI. This may be a misdemeanor (for a first or second offense) or a felony (if there are aggravating factors like a prior conviction, child passenger, or accident involving injury).

Your case then proceeds through:

Pretrial hearings
Discovery and evidence review
Motions to suppress
Negotiation or trial

You may have different judges for the license suspension hearing and the criminal trial, but both hearings often occur in the same courthouse and sometimes even on the same day.

Hiring a private Chicago criminal defense lawyer ensures both sides of your case are handled with equal urgency.

Fictional Case Example: Lost Time, Lost License

A woman in the Logan Square area is pulled over for failing to signal. The officer says she has glassy eyes and smells of alcohol. She agrees to take a breath test and blows a 0.09—just above the legal limit.

She’s arrested and receives a court date two months later. Because she qualifies for a public defender, she doesn’t seek private counsel. When she finally sees her assigned lawyer, they explain her license was already suspended starting two weeks earlier. No hearing was filed.

At this point, even if she wins her DUI case, her license suspension is already active—and she’s stuck for six months.

Had she contacted a private DUI defense lawyer in Chicago immediately after arrest, the suspension hearing would have been requested, and a judge might have rescinded the suspension if the arresting officer failed to appear or the evidence was weak.

Why Private DUI Representation Can Protect Your License and Future

When you hire a private DUI attorney, you’re hiring someone who works for you—not the system. That means:

Immediate filing of license suspension challenges
Early access to police reports and chemical test data
Dedicated time to prepare for hearings
Cross-examination of officers at suspension hearings
Strategic planning to protect your driving privileges and your record

A Chicago DUI attorney can also help you apply for a Monitoring Device Driving Permit (MDDP) if your license is suspended, which allows you to continue driving with a breath alcohol ignition interlock device (BAIID).

Public defenders simply don’t have the time or support staff to manage these steps for every client. When your livelihood depends on your ability to drive, you can’t afford to let the system run on autopilot.

Questions to Ask Your DUI Attorney During the Consultation

When you speak with a DUI lawyer, ask:

Will you file the petition to rescind my suspension before the 30-day deadline?
How often do you handle license suspension hearings in Chicago?
Will you personally appear at both hearings?
What’s your success rate on DUI license suspension challenges?
Do you review bodycam and dashcam footage in every case?
Can my DUI be reduced to reckless driving or another non-alcohol offense?

These questions reveal whether the attorney understands how important your license is—and whether they have the bandwidth to fight for it.

Call The Law Offices of David L. Freidberg Today

Don’t let your license get suspended because no one acted fast enough. At The Law Offices of David L. Freidberg, I treat license suspension as seriously as the criminal charge. I file your hearing requests immediately, examine every piece of evidence, and fight for dismissal, reduction, or supervision every step of the way.

I represent clients in Chicago, Cook County, DuPage County, Will County, and Lake County, and I answer calls 24/7. Whether you’re facing your first DUI or you’re trying to preserve your driving privileges after a second offense, I can help.

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.