Can a Chicago DUI Lawyer Guarantee I’ll Keep My License?

Chicago DUI Charges Come with High Stakes—And No Guarantees

If you’ve been arrested for DUI in Chicago, one of your first concerns is whether you’ll lose your driver’s license. You’re not alone—this is one of the most common questions I hear as a Chicago DUI lawyer. People worry about getting to work, taking care of their families, or simply being able to function without the freedom to drive. Unfortunately, no lawyer can promise you’ll keep your license after a DUI arrest in Illinois. But I can tell you this: hiring the right attorney makes a major difference in your chances.

DUI cases in Illinois are governed by 625 ILCS 5/11-501, which lays out how a person can be charged for driving or being in physical control of a vehicle while under the influence of alcohol, drugs, or a combination of both. In Chicago, DUIs are prosecuted aggressively. Whether you were arrested in Wrigleyville after a Cubs game, stopped near Lower Wacker at night, or pulled over in a suburban Cook County town like Cicero or Oak Lawn, your case will move quickly—and your license is on the line.

All criminal offenses in Illinois are classified as either misdemeanors or felonies. A first-time DUI is generally a Class A misdemeanor, punishable by up to 364 days in jail and fines of up to $2,500. If there are aggravating circumstances—such as prior DUI convictions, a child in the car, or serious injuries—the charge can become a felony, known as an aggravated DUI, with far more severe penalties.

The Illinois Secretary of State handles administrative license suspensions separately from the criminal court process. This means you could lose your license even if you’re found not guilty in court. That’s why having a seasoned DUI defense attorney in Chicago matters—you need someone who understands how to fight both the criminal case and the statutory summary suspension.

While no honest lawyer can promise a particular result, I can give you the strongest defense available. The difference between keeping your license and losing it often comes down to timing, legal arguments, and the quality of your representation.

Understanding the Illinois DUI Arrest and License Suspension Process

When you’re stopped by police in Chicago on suspicion of DUI, the traffic stop quickly becomes an investigation. Officers ask questions, request that you perform field sobriety tests, and often push for a preliminary breath test on the scene. You are not legally required to perform these tests—but most people don’t know that.

If you’re arrested, you’re taken to the station and asked to take a breathalyzer or submit to chemical testing. If you refuse, or if your blood alcohol content (BAC) is 0.08 or higher, the Illinois Secretary of State will automatically suspend your license through what’s called a statutory summary suspension.

Here’s how it works:

Refusing the test = 12-month suspension (first offense)
Failing the test = 6-month suspension (first offense)
Refusing or failing on a second offense = 3-year suspension or longer

This administrative suspension begins 46 days after your arrest—unless your attorney requests a hearing within 30 daysto challenge it. This is separate from the court case. If you miss this deadline, your license will be suspended automatically, regardless of what happens in your criminal trial.

That’s why the first few days after your arrest are so critical. As your Chicago DUI defense lawyer, I immediately file a petition to rescind the suspension and begin collecting evidence to challenge the legality of the stop, the arrest procedures, and the accuracy of any testing done.

At the same time, we prepare to fight the criminal charges in Cook County court. Most misdemeanor DUI cases are handled at the Richard J. Daley Center, 26th and California, or suburban courthouses like Skokie or Bridgeview. Felony cases may be transferred to the criminal division.

In either situation, the prosecution must prove that you were driving or in physical control of a vehicle while under the influence—and that the traffic stop was legal. If your rights were violated at any stage, your case may be dismissed, or evidence may be thrown out.

Again, while no lawyer can guarantee you’ll keep your license, the best way to improve your odds is to hire a defense attorney who moves fast, understands DUI law thoroughly, and knows how to win both in court and at the administrative hearing.

Example DUI Case in Chicago and the Role of Evidence

Let’s walk through a fictional—but very realistic—DUI case from the Logan Square area.

A driver is pulled over for a broken taillight. The officer claims the driver smells like alcohol and has glassy eyes. The driver is asked to step out, perform field sobriety tests, and is eventually arrested. At the station, the breathalyzer registers 0.10 BAC.

This looks like a solid case for the prosecution—but here’s what a good DUI lawyer in Chicago does:

First, I obtain bodycam and dashcam footage. It shows that the driver was coherent, spoke clearly, and did not stumble or slur his words. I also subpoena the breathalyzer maintenance logs, which reveal that the machine was last calibrated six months ago—far outside the recommended timeline. Furthermore, the report shows the officer didn’t observe the driver for the required 20-minute observation period before administering the test.

I file a motion to suppress the breathalyzer results based on improper procedure. At the license hearing, I argue that the stop was pretextual and that the officer lacked probable cause for arrest. The judge agrees to rescind the suspension, and the criminal case is eventually dismissed for lack of reliable evidence.

Without an experienced Chicago DUI attorney, that driver would have lost their license, been convicted, and faced massive insurance hikes—not to mention the damage to their criminal record.

This case shows how important evidence is, and how quickly you need to act. Police rely on field tests, officer observations, bodycam footage, witness statements, breath tests, and lab reports. Your attorney must review all of it—and know how to fight it.

Why You Need a Criminal Defense Attorney at Every Stage

Too many people wait to call a lawyer until it’s too late. They think they can handle the DUI charge themselves or that hiring a public defender will be enough. The reality is, DUI cases are time-sensitive and technical. You need someone who knows how to contest the summary suspension, challenge the evidence, and defend your rights from the moment of arrest.

A Chicago criminal defense lawyer does far more than show up to court. I:

File the petition to stop your license suspension
Request and review all video, test results, and officer reports
Subpoena evidence if the state refuses to provide it
Challenge unconstitutional traffic stops
Negotiate for reduced charges or alternative sentencing
Represent you at both administrative and criminal hearings
Prepare your case for trial if necessary

The court system in Cook County can be unforgiving. Prosecutors are not going to volunteer ways to save your license or avoid jail. They want convictions. And if you show up unrepresented—or with a lawyer who doesn’t fight—you’re an easy win.

That’s why the attorney you choose matters. And you should be asking the right questions during your consultation.

What to Look for in a Chicago DUI Lawyer and Questions to Ask

When you meet with a criminal defense attorney for a DUI case in Illinois, here are some qualities to consider:

Do they focus on DUI and criminal defense?
Are they familiar with the local courts in Chicago, Skokie, or Bridgeview?
Do they have trial experience—not just plea deal experience?
Will they handle the case themselves or hand it off?
Do they explain things clearly and answer your questions directly?

You should also ask:

Have you handled cases like mine before in Cook County?
What are the likely outcomes based on my arrest facts?
Can you challenge the license suspension?
How soon do we need to act to protect my license?
What are the total costs—including court fees?
Do you offer flexible payment plans?
How will you communicate with me during the case?

You want a lawyer who listens, who’s available when needed, and who doesn’t sugarcoat the facts. I tell my clients the truth—even when it’s hard—because that’s the only way to win.

Chicago Criminal Defense FAQ – DUI, Licenses, and Illinois Law

Can I lose my license before I’m even convicted of DUI in Chicago?
Yes. Illinois law allows for a statutory summary suspension of your license if you either fail or refuse chemical testing after a DUI arrest. This suspension is automatic and begins 46 days after your arrest unless your Chicago DUI lawyerfiles a petition to challenge it within 30 days. Even if you’re ultimately found not guilty, the suspension may still go into effect unless your attorney wins the hearing.

What is court supervision, and will it save my license?
Court supervision is a sentencing option available for first-time DUI offenders that avoids a criminal conviction if you meet all conditions. While it can help you avoid jail and a conviction, it doesn’t automatically stop a license suspension. That’s a separate issue handled by the Illinois Secretary of State. Your Chicago criminal defense attorneymust fight the administrative suspension separately.

Can I drive during the suspension period if I get a DUI in Illinois?
You may be eligible for a Monitoring Device Driving Permit (MDDP), which allows you to drive with a BAIID (Breath Alcohol Ignition Interlock Device) installed in your car. First-time offenders who file the necessary paperwork can often continue driving, but restrictions apply. A DUI defense lawyer in Chicago can help file the application and ensure compliance with all rules.

Will my insurance go up if I’m arrested for DUI?
Most likely, yes—even if you are not convicted. Insurance companies often raise rates or drop coverage if you’re arrested for DUI, especially if your license is suspended. Convictions almost always lead to significantly higher premiums. Hiring a Chicago DUI attorney gives you the best chance of avoiding a conviction—and protecting your driving record and rates.

Can I seal or expunge a DUI in Illinois?
No. DUI convictions cannot be sealed or expunged under current Illinois law. This makes it critical to avoid a conviction. Your Chicago criminal defense lawyer may be able to negotiate a reduction in charges to something that qualifies for sealing—but that option disappears if you plead guilty to DUI.

Can I be charged with DUI if I wasn’t driving but was sitting in the car?
Yes. Illinois law allows DUI charges if you were in “actual physical control” of a vehicle while impaired. This can include sitting in the driver’s seat with the keys in the ignition, even if the engine was off. These cases can be challenged by a skilled DUI lawyer in Chicago, but they are routinely filed by prosecutors.

What happens if I have a prior DUI from another state?
Out-of-state DUI convictions count toward your record in Illinois. If this is your second DUI overall (even if the first was in another state), you may be ineligible for court supervision and face enhanced penalties, including longer license suspensions and possible jail time. Your lawyer must pull your full driving record and build a strategy accordingly.

Can I handle a DUI case on my own in court?
You can—but it’s a bad idea. DUI law is complex, and prosecutors are not required to help you or explain options. You risk losing your license, being convicted, and damaging your future. A qualified criminal defense attorney in Chicagocan fight for reduced penalties, suppressed evidence, and alternatives to conviction.

Why You Need The Law Offices of David L. Freidberg on Your Side

If you’ve been arrested for DUI in Chicago or anywhere in Cook County, your license, your freedom, and your record are all at risk. The prosecution wants a conviction. The Secretary of State wants to suspend your license. The only one fighting for you is your lawyer—and that’s why your choice matters.

At The Law Offices of David L. Freidberg, we’ve spent decades defending people facing DUI charges throughout Chicago, Cook County, DuPage County, Will County, and Lake County. We understand the urgency. We understand how to win. And we take every client’s case personally.

You don’t get false promises here. What you get is aggressive defense, honest communication, and a commitment to getting you the best outcome possible.

Call The Law Offices of David L. Freidberg for Help With Suspended License and Driving Permits in Chicago

If your license is suspended in Chicago or you’ve been charged with driving while suspended, get help immediately. The Law Offices of David L. Freidberg offers free consultations and aggressive representation across Cook County, DuPage County, Will County, and Lake County.

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.