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Does a DUI in Illinois Affect Your CDL Even If You Were Driving Your Personal Vehicle?
Commercial Drivers in Chicago: How a DUI in Your Personal Vehicle Can Still Endanger Your CDL
Illinois law imposes stricter standards on CDL holders, and that includes situations where you’re pulled over while driving your personal vehicle. CDL penalties are governed not only by state criminal statutes, but also by federal regulations that Illinois enforces through the Secretary of State’s Office. If you’ve been arrested for DUI anywhere in Chicago or Cook County and you hold a CDL, you are facing life-altering penalties—even for a first offense.
And while a DUI is typically charged as a misdemeanor under 625 ILCS 5/11-501, for CDL holders, it carries an added layer of risk that calls for experienced legal defense. Without an aggressive attorney who understands CDL law, the administrative and legal consequences may cost you your job, your future income, and your ability to work in the commercial driving industry.
Understanding the Law: DUI Penalties and CDL Disqualification in Illinois
Illinois DUI law, outlined in 625 ILCS 5/11-501, makes it illegal for any person to operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating substance. A driver with a blood alcohol concentration (BAC) of 0.08% or higher can be charged with DUI. However, CDL holders face even stricter limitations.
Under 625 ILCS 5/6-514, a commercial driver is subject to disqualification if they are convicted of DUI, refuse chemical testing, or even fail a breath or blood test with a BAC over the legal limit—regardless of whether they were driving a commercial or non-commercial vehicle at the time. For CDL purposes, a refusal or failed test during a DUI stop in your personal vehicle can lead to a minimum 12-month disqualification of your CDL on a first offense. If you were transporting hazardous materials, the disqualification period extends to three years. On a second offense, your CDL can be disqualified for life.
Even if you are never convicted of the DUI in criminal court, a statutory summary suspension of your license based on refusing or failing a breath test will result in CDL disqualification under 625 ILCS 5/6-514(e). That means the administrative process alone—before your court case is even resolved—can damage your commercial driving status.
This is why the criminal penalties of a Class A misdemeanor DUI—such as jail time, fines, probation, or treatment—are only part of the threat. The more serious consequence for a CDL holder is often the job loss, insurance hikes, and professional fallout that comes from having your CDL disqualified.
The DUI Arrest and Trial Process in Chicago—and What It Means for CDL Holders
DUI arrests in Chicago typically begin with a traffic stop, either for a moving violation, equipment failure, or at a roadside checkpoint. Once the officer detects potential signs of intoxication—odor of alcohol, bloodshot eyes, slurred speech—they’ll initiate a DUI investigation. That can include field sobriety tests and a request for chemical testing.
If you refuse chemical testing, your personal driver’s license will be subject to statutory summary suspension under 625 ILCS 5/11-501.1, and your CDL will be disqualified under 625 ILCS 5/6-514(e). If you agree to the test and blow over the legal limit, you face the same administrative penalties—even if you weren’t convicted yet.
After arrest, the case proceeds to the Cook County Criminal Courts. The DUI charge is filed as a Class A misdemeanor, which carries up to 364 days in jail, fines of up to $2,500, and other penalties including community service or alcohol education classes. But CDL holders must also deal with the Illinois Secretary of State’s administrative system, which runs separately from the criminal case.
This means your DUI defense attorney must act quickly and strategically—filing a petition to rescind the suspension within 90 days, representing you in court, challenging the officer’s report, and preparing for a criminal trial if necessary. Every decision made at this stage affects not only your criminal record but your commercial license status.
Even if you’re offered court supervision—which prevents a DUI conviction from appearing on your public record—it does not prevent CDL disqualification. Illinois law states that supervision for a DUI is still considered a conviction for CDL purposes. That’s why fighting the charge altogether is often the only path forward if your career depends on your CDL.
Evidence Used Against Commercial Drivers in DUI Cases
Even if you were off duty and in your own vehicle, law enforcement in Illinois will collect as much evidence as possible to support a DUI charge. For CDL holders, this evidence can be especially damaging because the State is not only looking to convict you criminally—they’re also feeding that information into the Secretary of State’s administrative system to disqualify your commercial license.
Evidence can include:
- The officer’s dashcam and bodycam footage, showing your physical behavior, driving patterns, and interactions
- Field sobriety test results, including walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests
- Breath or blood test results showing BAC levels
- Statements made to the officer during or after the stop
- Prior driving or criminal record
- Officer testimony, including their observations of impairment
If your CDL is suspended because of a statutory summary suspension or a court-ordered conviction, you won’t be able to operate commercial vehicles—even if your criminal case is still pending or ultimately dismissed.
This is why reviewing the evidence early and aggressively is critical for your defense. Your lawyer should immediately request discovery, analyze every step of the stop and arrest, and determine if your constitutional rights were violated—such as an illegal stop or invalid probable cause.
Building a DUI Defense Strategy That Protects Your CDL
Defending a CDL holder charged with DUI in Illinois requires more than standard courtroom representation. You need a lawyer who understands both criminal law and the administrative regulations that govern commercial drivers.
There are several legal defenses that may apply in your case:
The arresting officer may not have had probable cause to stop your vehicle or initiate a DUI investigation. If that’s true, all evidence collected afterward may be suppressed, including your refusal or breath test results.
If you agreed to a breath test, your attorney may challenge the accuracy or reliability of the device used, especially if maintenance records or calibration logs are missing or flawed.
If your refusal to submit to testing was due to unclear instructions, medical limitations, or intimidation by the officer, your attorney may argue that it was not a valid refusal.
If video footage contradicts the officer’s written report or courtroom testimony, your lawyer can use it to impeach the credibility of the arresting officer and undermine the State’s case.
And in many cases, your attorney may also file a petition to rescind the statutory summary suspension, which is the key to protecting your CDL. Winning this hearing may allow you to avoid the automatic disqualification that occurs even before conviction.
Why You Need an Attorney Who Understands CDL DUI Defense
If you hold a commercial driver’s license, your DUI case is not like everyone else’s. You face higher standards, longer consequences, and fewer second chances. That’s why you can’t afford to take a plea, accept supervision, or simply “wait and see” without legal advice.
Your attorney should not only have experience handling DUI cases in Chicago courts—they must also understand how the Secretary of State processes CDL suspensions and disqualifications. They must know how to fight the administrative penalties as fiercely as they fight the criminal charges.
Ask any potential attorney:
- Do you have experience representing commercial drivers in DUI cases?
- Have you handled cases where CDL holders were charged while in their personal vehicles?
- What are my chances of saving my CDL and avoiding conviction?
- Will you personally represent me in court and at the license suspension hearing?
This is not just about avoiding jail time. This is about saving your livelihood.
FAQs About CDL DUI Offenses in Chicago
If I was driving my personal vehicle, can I still lose my CDL?
Yes. Under Illinois law and federal regulations, a DUI arrest—even in your own car—can result in a one-year disqualification of your CDL on a first offense.
What if I refused the breath test?
Refusing a breath or blood test results in a statutory summary suspension of your driving privileges, and that suspension disqualifies your CDL automatically for at least one year.
Does court supervision protect my CDL?
No. Supervision is treated as a conviction for CDL purposes, and it will still result in disqualification of your commercial license.
Can I apply for a hardship or restricted CDL license?
No. Illinois does not allow for restricted driving permits for commercial driving. If your CDL is suspended or disqualified, you cannot operate a commercial vehicle during that time.
Is there a way to keep my CDL if I fight the case?
Yes. The only way to preserve your CDL is to avoid conviction and fight the statutory summary suspension. A DUI attorney can help you challenge both.
Why The Law Offices of David L. Freidberg Should Be Your First Call
At The Law Offices of David L. Freidberg, we understand what’s at stake for CDL holders. Your commercial license is your career—and one misstep in court can end it. We’ve defended drivers throughout Chicago and surrounding counties who were arrested off-duty and faced devastating consequences. Our goal is to keep your license intact, protect your record, and preserve your job.
We fight DUI charges from every angle: unlawful stops, bad testing procedures, and constitutional violations. We know the Illinois Vehicle Code, the Secretary of State’s policies, and how to win.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago for DUI, 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.