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Why Winning the Suspension Hearing Doesn’t Mean You’ve Beaten the DUI Charge in Illinois
If you were arrested for DUI in Chicago and your attorney successfully overturned the license suspension at your statutory summary suspension hearing, it’s natural to feel like you’ve won the case. But while that outcome is definitely a win, it’s only one battle in a larger legal war. Unfortunately, many people in Cook County make the mistake of assuming that beating the suspension also means their DUI charges are dismissed.
That’s not how it works under Illinois law. The license suspension hearing and the criminal DUI case are two entirely separate legal processes. One is administrative (civil) and focused solely on your driving privileges. The other is criminal and could result in jail time, probation, heavy fines, and a permanent conviction that can never be sealed or expunged.
As a Chicago DUI lawyer who has handled hundreds of these cases in courthouses across Cook, DuPage, Lake, and Will Counties, I help clients understand the full picture. Here’s what you need to know if you’ve recently won your suspension hearing—but still have an open DUI case.
Two Legal Paths: The Criminal DUI Case and the Civil License Suspension Hearing
In Illinois, every DUI arrest triggers two separate proceedings.
First, you are criminally charged under 625 ILCS 5/11-501, the DUI statute. This charge can be a misdemeanor or felony, depending on prior DUI history or aggravating circumstances such as a child in the car, an injury accident, or driving with a suspended license. Penalties range from court supervision to years in state prison.
Second, the Illinois Secretary of State automatically initiates a statutory summary suspension of your driver’s license. This happens unless you successfully challenge it in a civil hearing. You only have 90 days from the date of arrest to file your petition to rescind.
Even though both cases arise from the same arrest, they follow different rules, have different burdens of proof, and different judges. At the summary suspension hearing, the court examines whether law enforcement followed proper procedures. If the officer failed to properly advise you of your rights under the “Warning to Motorist” form, or lacked probable cause to make the traffic stop, the judge may rule in your favor.
But that only affects your driving privileges—not your criminal record. You still face prosecution, and the State’s Attorney’s Office will still try to convict you of DUI based on police reports, officer testimony, video evidence, and any field sobriety or chemical test results.
Fictional Case Example From Near Humboldt Park
Let’s say someone is arrested near Humboldt Park in Chicago after a minor fender-bender. The responding officer smells alcohol, notes bloodshot eyes, and claims the driver admitted to having “a few drinks.” The driver refuses the breath test. He’s arrested, and his license is set to be suspended in 46 days due to the refusal.
The driver hires a Chicago DUI defense attorney immediately. The lawyer files a petition to rescind the suspension and argues at the hearing that the arresting officer failed to complete the “Warning to Motorist” form properly. The judge agrees and overturns the automatic suspension. This allows the driver to keep his license and avoid a months-long hardship.
But the State continues with the criminal prosecution. The driver still faces a Class A misdemeanor DUI, carrying up to 364 days in jail, $2,500 in fines, and mandatory alcohol education or treatment. The refusal can still be used against him at trial, and the case moves forward regardless of the license decision.
This is exactly why winning one part of the process should never lull you into thinking you’re in the clear. The criminal case is where the consequences really begin.
What Evidence Can Still Be Used Against You After Winning the Hearing?
Even if you win the suspension hearing, police and prosecutors may still have evidence to support a DUI conviction. This may include:
- Field Sobriety Tests: Officers routinely rely on the one-leg stand, walk-and-turn, and HGN test to establish probable cause. These are subjective and often flawed—but admissible if not properly challenged.
- Police Observations: Slurred speech, bloodshot eyes, odor of alcohol, and erratic driving are all common phrases in police reports that courts treat seriously.
- Dashcam or Bodycam Footage: Some footage supports the defense—some doesn’t. But either way, the prosecution can use it if it shows impairment.
- Admissions or Statements: Anything you said voluntarily may be used. If you admitted to drinking or being impaired, that could support the state’s case.
- Refusal Evidence: Refusing a breath or blood test can still be argued as evidence of guilt under Illinois case law.
The burden of proof in a criminal DUI case is beyond a reasonable doubt, but if the judge or jury finds the officer’s testimony and evidence credible, a conviction is likely unless your defense attorney takes the right steps.
Why You Still Need a DUI Attorney for the Criminal Case
A summary suspension hearing is technical and procedural. A criminal DUI trial is strategic and legal. The defense tactics are not the same.
Just because you won the hearing doesn’t mean you’re automatically set up for a dismissal in the criminal courtroom. You need a lawyer to examine the constitutional issues, file pretrial motions, prepare for cross-examination of the arresting officer, and argue for alternative sentencing or reductions if the case cannot be dismissed.
Every stage of the criminal case—from arraignment, discovery, motion hearings, trial, to sentencing—requires legal analysis, negotiation skills, and courtroom strategy. Without a skilled Chicago criminal defense lawyer, you are walking into court at a severe disadvantage.
You may have preserved your license, but your record, reputation, and future are still on the line.
Legal Defenses in the Criminal DUI Case
After the summary suspension is handled, your attorney focuses on the criminal charge itself. Common defenses include:
- No Probable Cause: The officer had no legal basis to stop your vehicle.
- Improper Sobriety Testing: The officer gave flawed instructions, or the conditions made the test invalid.
- Unreliable Officer Testimony: Cross-examination reveals inconsistencies.
- Medical Conditions: Health issues may have caused slurred speech or poor balance.
- Lack of Proof of Impairment: If no chemical test was administered, the state may lack objective proof.
- No Actual Physical Control: If you were sleeping in your parked car, they may not be able to prove you were driving.
These defenses don’t appear automatically. They must be developed and raised at the correct time, using the correct legal framework. That’s where legal representation makes all the difference.
FAQs – DUI Suspension Hearings vs. Criminal Cases in Chicago
Does winning the license suspension hearing mean my DUI case is dropped?
No. The civil suspension hearing only affects your driving privileges. Your criminal DUI case continues separately, and a judge can still find you guilty of DUI under Illinois law.
What if I win the suspension hearing—do I still need a lawyer?
Yes. The criminal case is far more serious. You could face jail time, probation, fines, a permanent record, and mandatory treatment. Winning the hearing protects your license but not your criminal record.
Can I be convicted of DUI even without a chemical test?
Yes. The state can use officer observations, field tests, and your behavior as evidence of impairment. Breath or blood tests are helpful, but not required for a conviction.
Will winning the summary suspension hearing help my criminal case?
Not directly. However, sometimes the issues that win the suspension hearing—such as lack of probable cause—can also be used to file motions to suppress evidence in the criminal case.
What happens if I don’t challenge the license suspension?
Your license will be automatically suspended starting 46 days after your arrest, even if you are never convicted of DUI. You lose the chance to fight for driving privileges.
What’s the punishment for a first-time DUI in Illinois?
A first-time DUI is usually a Class A misdemeanor punishable by up to 364 days in jail and $2,500 in fines. Court supervision is sometimes available but only once in a lifetime.
Is DUI a felony or misdemeanor in Chicago?
Most first and second DUI offenses are misdemeanors. Third or more, or cases involving injury or aggravating factors, can be prosecuted as felonies under 625 ILCS 5/11-501.
Can DUI charges be reduced?
Sometimes. If the evidence is weak or there are procedural issues, prosecutors may agree to reduce charges to reckless driving or even dismiss the case.
Why Choose The Law Offices of David L. Freidberg
If you’ve already won your license suspension hearing, don’t make the mistake of thinking your case is over. The DUI charge is still active—and the penalties are still real. A conviction can affect your freedom, finances, and future.
At The Law Offices of David L. Freidberg, I handle both parts of the DUI process: the suspension hearing and the criminal defense. My goal is to protect every aspect of your record—from your license to your name. With experience in courtrooms across Cook County, DuPage County, Will County, and Lake County, I know how to fight DUI charges in every setting.
From Lincoln Park to Little Village, from Skokie to the South Loop—I know how these cases are prosecuted. And I know how to defend them.
Why You Need an Attorney and Why You Should Call The Law Offices of David L. Freidberg
DUI charges in Chicago—whether filed as misdemeanors or felonies—carry serious consequences that won’t go away on their own. Weather might explain your driving, but it won’t stop prosecutors from pursuing the case. You need a Chicago DUI attorney who can present evidence, challenge police assumptions, and fight to protect your future.
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.
Don’t gamble with your license, your freedom, or your record.