Arrested for DUI? What Happens If You Hold a Commercial Driver’s License (CDL) in Illinois?

Chicago DUI Defense for Commercial Drivers

If you are a commercial truck or bus driver in Chicago, Illinois, a DUI arrest threatens far more than your driving privileges—it can jeopardize your entire livelihood. Illinois imposes some of the strictest penalties in the nation for holders of a Commercial Driver’s License (CDL). Even if you were driving your personal vehicle when stopped, a single DUI conviction can trigger an automatic disqualification of your CDL.

At The Law Offices of David L. Freidberg, I defend CDL holders across Cook County, DuPage County, Will County, and Lake County who are facing DUI charges, administrative license suspension, or employment loss. With decades of courtroom experience in Chicago criminal and traffic courts, I know how prosecutors approach CDL-related DUI cases and how to challenge the evidence effectively.

Illinois DUI Laws and CDL Consequences

Under 625 ILCS 5/11-501, it is illegal to operate or be in actual physical control of any motor vehicle while under the influence of alcohol, drugs, or intoxicating compounds. For non-commercial drivers, the legal limit is 0.08 percent BAC. However, for CDL drivers, Illinois enforces a stricter 0.04 percent BAC limit while operating a commercial vehicle.

If a CDL driver refuses or fails a chemical test, the Illinois Secretary of State automatically disqualifies the CDL—even if the DUI occurred in a private vehicle. A first offense typically results in a one-year CDL disqualification, and if transporting hazardous materials, the suspension extends to three years. A second DUI conviction—even in a non-commercial vehicle—can lead to a lifetime CDL revocation.

Illinois categorizes a first-offense DUI as a Class A misdemeanor, punishable by up to 364 days in jail and fines up to $2,500. Aggravated DUIs, involving injuries, prior convictions, or a BAC ≥ 0.16 percent, can be charged as Class 4 through Class 2 felonies, with potential multi-year prison terms.

In addition to criminal penalties, CDL holders face collateral consequences: termination by their employer, disqualification from interstate driving under Federal Motor Carrier Safety Regulations (49 CFR §383.51), and lasting damage to their commercial driving record.

How a DUI Case Begins for a CDL Holder in Chicago

Most DUI arrests in Chicago start with a traffic stop, often near the city’s major expressways such as I-90, I-94, or the Stevenson Expressway. Officers may claim to have observed improper lane use, speeding, or equipment violations. Once stopped, they begin evaluating possible impairment through questioning, field sobriety testing, and breath analysis.

After arrest, your Illinois driver’s license—including your CDL—is subject to an immediate Statutory Summary Suspension under 625 ILCS 5/11-501.1. You have only 46 days from the arrest date before the suspension takes effect, and you must file a petition to rescind within that period to contest it in court.

The criminal case itself begins with an arraignment in the Cook County Criminal Court Building at 26th and California or a local district court such as Bridgeview or Skokie. During this stage, the prosecution files formal charges, and you or your attorney enter a plea. The court may set conditions of bond and order alcohol evaluation or pre-trial services. Without immediate representation, crucial evidence may be lost, and your CDL disqualification may become permanent.

Example: A CDL Driver in Jefferson Park

Consider a fictional example of a CDL driver stopped late at night in Jefferson Park after leaving a restaurant in his personal car. The officer claimed the driver rolled through a stop sign and noticed “a faint odor of alcohol.” The driver submitted to field tests but declined the portable breath test. Later, a station breathalyzer read 0.07 percent—below the non-commercial threshold but above the CDL limit.

My defense strategy focused on the legality of the stop and accuracy of the breath test. Surveillance footage from a nearby business showed the driver had made a complete stop, undermining probable cause. We also retained a forensic toxicologist who testified the breath sample was taken more than 45 minutes after driving, likely inflating BAC due to absorption timing. The result: the court dismissed the DUI, and we successfully petitioned to reinstate the client’s CDL before permanent disqualification.

This scenario illustrates that even a borderline BAC reading can end a career unless a skilled Chicago DUI defense attorney intervenes quickly.

Evidence Prosecutors Use in CDL DUI Cases

Law enforcement gathers extensive evidence to support DUI charges, including:

• Officer body-cam and dash-cam footage
• Field sobriety test performance (walk-and-turn, one-leg stand, HGN)
• Breath, blood, or urine test results
• Police observations regarding odor, speech, and demeanor
• Witness statements or accident reports

While this evidence may seem convincing, much of it can be challenged. Breath tests can produce false positives from residual mouth alcohol or improper calibration. Field sobriety tests are subjective and often performed on uneven pavement. Video evidence sometimes contradicts an officer’s written report. Every detail must be examined to determine if constitutional rights were violated during the stop or arrest.

The Illinois Criminal Trial Process for DUI Charges

After arraignment, the case moves through several critical stages:

Discovery and Pre-Trial Motions: Your attorney requests all police reports, video, and chemical test records. Motions may seek to suppress unlawfully obtained evidence or challenge the basis for the traffic stop.

Pre-Trial Conference and Negotiations: The defense and prosecution may discuss plea options, but CDL holders must weigh these carefully. A “court supervision” outcome that spares non-commercial drivers from conviction still counts as a conviction for CDL purposes.

Trial: If no favorable resolution exists, your lawyer can take the case to trial. The prosecution bears the burden of proving guilt beyond a reasonable doubt. In DUI cases, jurors often scrutinize field tests and BAC accuracy.

Sentencing: If convicted, penalties depend on BAC level, prior offenses, and aggravating factors. Judges may impose jail, fines, mandatory alcohol treatment, or community service.

A knowledgeable Chicago criminal defense attorney can protect both your criminal record and your commercial driving privileges at each stage.

Legal Defenses for CDL DUI Charges in Illinois

Every case is unique, but several effective defenses can apply:

Lack of Probable Cause: Officers must have a lawful reason to stop a driver. Dash-cam video or witness testimony can expose pretextual or unjustified stops.

Faulty Chemical Testing: Improper calibration, contaminated samples, or expired test kits can invalidate BAC results.

Rising BAC Defense: Alcohol levels continue to rise after drinking stops. If testing occurred long after driving, results may overstate impairment at the time of operation.

Violation of Constitutional Rights: If police failed to inform you of Miranda rights or coerced consent for a chemical test, evidence may be excluded.

Medical or Environmental Factors: Medical conditions like GERD, diabetes, or fatigue can mimic intoxication.

An experienced defense attorney evaluates every angle, cross-examines officers, and files motions to exclude unreliable evidence.

Why CDL Drivers Need an Experienced Criminal Defense Lawyer

For commercial drivers, a DUI case in Chicago is not just about one traffic ticket—it is about maintaining a livelihood. Losing a CDL means losing income, benefits, and sometimes professional identity. Employers in the logistics, construction, and transit industries rarely retain drivers after a DUI arrest.

By hiring The Law Offices of David L. Freidberg, you secure representation that understands both the criminal and administrative dimensions of your case. I personally handle every step, from the initial court appearance to reinstatement petitions before the Secretary of State. My defense strategies are tailored to the realities of CDL enforcement, including federal compliance audits and employer-reporting obligations.

Failing to hire qualified legal counsel may result in permanent CDL loss, a criminal record visible to future employers, and thousands of dollars in lost earnings. You have the right to contest every aspect of the case, but time is limited.

What to Ask During a Free Consultation With a Chicago Criminal Defense Attorney

When meeting a DUI defense attorney, prepare meaningful questions to evaluate their skill and fit:

Ask about their experience handling CDL-specific DUI cases and their familiarity with Cook County courts. Inquire how they challenge breathalyzer calibration records, and whether they personally appear at every hearing or delegate to associates.

Discuss realistic outcomes rather than guarantees—look for honesty and strategic thinking. Understand legal fees, court costs, and the potential length of your case.

A confident attorney will explain how motions to rescind suspensions, plea bargaining, or trial preparation may protect both your freedom and your CDL. Above all, ensure they are accessible and committed to your defense 24 hours a day.

Qualities to Look For in a Chicago DUI Defense Lawyer

Selecting the right lawyer can decide whether your CDL career survives a DUI arrest. Strong qualities include:

• Extensive courtroom experience defending DUI and traffic-related felonies in Illinois courts
• Understanding of state and federal CDL disqualification laws
• Ability to conduct independent investigations, including toxicology review and video analysis
• Credibility and communication skills before judges and juries
• Availability to clients day or night for urgent updates

At The Law Offices of David L. Freidberg, clients receive direct contact with me—not a case manager—and consistent updates about every filing and hearing. That accessibility, combined with decades of criminal defense success across Chicago and the collar counties, makes a measurable difference in outcomes.

Chicago DUI Defense FAQs

What happens to my CDL if I’m arrested for DUI in Chicago?
Your CDL is automatically disqualified upon a failed or refused chemical test. Even before conviction, the Statutory Summary Suspension can remove your commercial privileges. You may file a petition to rescind the suspension in Cook County Circuit Court within 46 days of the arrest. A skilled lawyer can represent you at this hearing and challenge the basis of the stop or testing.

Can I get court supervision for a DUI if I hold a CDL?
Illinois allows court supervision for first-time DUI offenders to avoid a conviction on their record. However, federal law treats any finding of guilt or supervision as a conviction for CDL purposes. This means your CDL will still be disqualified even if your personal driver’s license is spared.

Is a CDL DUI considered a felony in Illinois?
A first DUI is usually a Class A misdemeanor. It becomes a felony if aggravating circumstances exist—such as prior DUIs, accidents causing injury, or driving with a suspended license. CDL holders often face harsher employment and licensing consequences regardless of felony classification.

What if I was driving my personal car when arrested?
Illinois law applies CDL sanctions even if you were not operating a commercial vehicle. A DUI in your own car can still lead to a one-year CDL suspension and employer notification under federal regulations.

How long does a DUI stay on my record in Illinois?
A DUI conviction remains permanently on your criminal record. For non-CDL drivers, some cases may qualify for expungement or sealing, but CDL holders generally cannot remove a DUI from their driving record because federal regulations require lifetime reporting.

What evidence can be challenged in a CDL DUI case?
Defense attorneys frequently dispute the accuracy of breathalyzer devices, the administration of field sobriety tests, and the officer’s justification for the traffic stop. Many cases turn on video evidence from squad-car cameras showing the driver performed well on coordination tests.

Can I drive for work while my case is pending?
You may request a Monitoring Device Driving Permit (MDDP) for a personal vehicle, but CDL drivers are not eligible to operate commercial vehicles under any permit while the suspension is active. Employers typically place drivers on unpaid leave until reinstatement.

What if I refuse the breath test?
Refusal triggers a one-year CDL disqualification for a first offense and lifetime disqualification for a second refusal. However, refusal also deprives prosecutors of direct BAC evidence, which may strengthen your criminal defense case.

Do I need a lawyer if I plan to plead guilty?
Yes. A defense attorney can negotiate reduced charges or alternative sentencing that might save your non-commercial license and limit employment consequences. Self-representation nearly always leads to harsher penalties and permanent CDL loss.

Why choose a Chicago criminal defense attorney experienced in DUI?
Local experience matters. Chicago police, prosecutors, and judges handle thousands of DUI cases yearly. An attorney who regularly practices in Cook County courts understands which strategies and expert witnesses are most persuasive to local juries.

Why You Need The Law Offices of David L. Freidberg

When your commercial driving career is at stake, you deserve representation backed by years of real courtroom results. The Law Offices of David L. Freidberg has defended thousands of Illinois drivers against DUI and related offenses. My firm is known for aggressive litigation, meticulous evidence review, and constant communication with clients.

Choosing an attorney unfamiliar with CDL law can cost you your license permanently. I fight to keep your record clean, contest illegal stops, and restore your livelihood as quickly as possible. With offices conveniently located in downtown Chicago, I represent clients throughout Cook, DuPage, Will, and Lake Counties.

Call The Law Offices of David L. Freidberg for Immediate Help

If you hold a Commercial Driver’s License and were arrested for DUI anywhere in the Chicago area, you must act fast to protect your career. The earlier you involve an experienced defense attorney, the greater your chances of keeping your CDL and avoiding criminal conviction.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic 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.