Does Everyone Arrested for DUI in Chicago Automatically Lose Their License?

DUI Arrests and License Suspensions in the City of Chicago

Chicago sees thousands of DUI arrests every year across its neighborhoods—from River North and Bucktown to Chatham and West Lawn. A typical DUI arrest starts with a traffic stop, often late at night. An officer may allege you were weaving, speeding, or had a broken taillight. The next thing you know, you’re outside your vehicle performing roadside tests or being asked to blow into a breathalyzer.

Many people believe that if they’re arrested for DUI, their license is immediately revoked. That’s not entirely accurate. Under Illinois law, a DUI arrest triggers an automatic driver’s license suspension, but the suspension does not go into effect immediately, and it can be challenged in court.

The administrative suspension is called a Statutory Summary Suspension and is governed by 625 ILCS 5/11-501.1. This is separate from the criminal case. It occurs even if you haven’t been convicted and even if you’re later found not guilty. However, the key fact most drivers miss is that this suspension does not happen instantly. There is a 45-day period before the suspension takes effect, during which a Chicago DUI lawyer can file a petition to rescind the suspension.

Not everyone arrested for DUI ends up losing their license, especially when legal action is taken quickly. The process can be challenged and, in many cases, successfully reversed. But to do that, you need to act fast and have the right legal defense strategy in place.

Illinois Statutes and the Two-Track DUI System: Criminal Case vs. License Suspension

In Illinois, all crimes—including DUI—are classified as either misdemeanors or felonies. A first-time DUI is typically a Class A misdemeanor, punishable by up to 364 days in jail, fines up to $2,500, and a mandatory license suspension. If aggravating factors are present—such as a child in the car, a crash causing injury, or a prior DUI on your record—your charge may be upgraded to a felony, which carries more severe consequences under Illinois criminal law.

A DUI arrest in Chicago triggers two separate legal tracks:

A criminal prosecution handled by the Cook County State’s Attorney or the City of Chicago’s prosecutor.
An administrative license suspension handled by the Illinois Secretary of State.

The criminal charge focuses on guilt or innocence: Were you driving under the influence of alcohol, drugs, or both? Did you violate 625 ILCS 5/11-501?

The administrative case involves your refusal to take a chemical test or your failure of that test (meaning a BAC of 0.08 or more, or the presence of illegal drugs). Even if you’re found not guilty in the criminal case, the statutory summary suspension can still take effect unless it is overturned at a hearing.

Here are the automatic suspension terms:

First Offense, Failed Test (BAC .08+): 6-month suspension
First Offense, Refused Test: 12-month suspension
Second Offense, Failed Test: 1-year suspension
Second Offense, Refused Test: 3-year suspension

You have the right to request a Statutory Summary Suspension Hearing within 90 days of the notice—but if you wait too long, the license suspension becomes automatic on the 46th day after your arrest. A Chicago DUI attorney can request this hearing, subpoena the officer, and argue for rescission based on procedural errors, lack of probable cause, or problems with how the test was administered.

Example DUI Arrest in Pilsen and Legal Strategy That Avoided Suspension

Imagine a fictional client who lives in the Pilsen neighborhood of Chicago. They are pulled over around 11:30 p.m. after allegedly rolling through a stop sign. The officer claims they observed glassy eyes and slurred speech. The driver is asked to perform field sobriety tests and submits to a portable breath test, which reads 0.09. They are arrested and taken to the 12th District station.

At the station, the driver submits to an official breathalyzer and again tests over 0.08. A notice of Statutory Summary Suspension is issued. However, the driver calls a Chicago DUI defense attorney the very next morning.

We immediately file a Petition to Rescind the Summary Suspension and demand a hearing. The officer fails to appear on the scheduled court date—something that happens more often than most people realize. The judge grants the petition, and the suspension is rescinded.

In the criminal case, we subpoena dashcam and bodycam footage. It turns out the driver did stop at the stop sign, and there was no sign of impairment in the video. The case is dismissed.

This outcome was only possible because the driver took immediate action and had an attorney who knew how to challenge both the criminal charge and the license suspension. Without legal help, they would have lost their license for six months and had a DUI on their record.

The Criminal Case Process in Chicago DUI Charges

Once a DUI arrest is made, the criminal process in Chicago begins. This takes place in the Cook County Circuit Court, often at the Richard J. Daley Center, 26th & California, or one of the district branch courthouses like Skokie, Bridgeview, or Maywood.

The stages of a typical DUI criminal case include:

Arraignment: The judge advises you of the charges. You plead guilty or not guilty.
Pretrial motions and hearings: Your attorney can challenge the legality of the stop, the probable cause, the test procedures, or the statements taken during the arrest.
Discovery phase: The prosecution must turn over evidence, including bodycam footage, arrest reports, test records, and witness statements.
Trial: If the case proceeds, the judge or jury will decide whether the prosecution has proven guilt beyond a reasonable doubt.
Sentencing: If found guilty or if a plea is entered, the court imposes penalties, including potential jail time, community service, fines, counseling, or a monitoring device.

The criminal process is separate from the license suspension process. Even if you win one, you could lose the other. That’s why hiring a skilled criminal defense lawyer in Chicago for DUI charges is so important.

Legal Defenses, Types of Evidence, and How a Chicago DUI Lawyer Helps

Law enforcement in DUI cases gathers various forms of evidence, including:

Officer testimony and observations
Dashcam and bodycam video
Results from field sobriety tests
Portable breath test results
Official chemical breath or blood test results
Witness statements
Driver statements or admissions
Roadside footage or surveillance from nearby businesses

A Chicago DUI defense lawyer investigates all of these elements. The attorney may challenge the constitutionality of the traffic stop, argue the lack of probable cause for arrest, or file a motion to suppress evidence based on faulty breathalyzer maintenance logs or untrained officers conducting field tests.

Common defenses include:

Illegal stop without reasonable suspicion
Unreliable field sobriety tests due to poor road conditions or medical issues
Inadmissible breath test results due to calibration errors
Officer misconduct or missing video evidence
Lack of intent to drive (e.g., driver was sleeping in the car)

A strong defense starts with early action. An experienced attorney can subpoena footage, file motions to preserve evidence, and prepare expert testimony if needed.

What to Look for in a Chicago DUI Defense Attorney and Questions to Ask

Not all lawyers handle DUI cases the same way. When you’re interviewing a Chicago DUI lawyer, consider the following qualities:

Experience handling both misdemeanor and felony DUI charges in Cook County courts
Familiarity with summary suspension hearings and DMV procedures
Ability to challenge chemical testing protocols
Courtroom trial experience and motion practice
Strong relationships with local judges and prosecutors
Transparent fee structures and a clear communication style

During your free consultation, ask these questions:

How many DUI cases like mine have you handled?
Will you personally handle my case or assign it to another lawyer?
What defenses do you see based on my police report or arrest details?
Can you help challenge the automatic suspension of my driver’s license?
What are the possible outcomes in my case?
How often do your cases result in dismissal or reduction?
Will you help with license reinstatement if needed?

Choosing the right attorney is the most important decision you’ll make after a DUI arrest. You need someone who is ready to challenge the evidence and protect your license, your record, and your freedom.

Chicago Criminal Defense FAQs – DUI License Suspension and Criminal Law

Does every DUI arrest in Chicago result in license suspension?
No. While most DUI arrests trigger an automatic suspension through Illinois’ Statutory Summary Suspension law, the suspension can be contested. If you or your Chicago DUI lawyer files a timely petition and proves the officer lacked probable cause or mishandled the testing process, the suspension may be rescinded. Timing is critical, and legal representation can often prevent a suspension entirely.

How long do I have to fight the license suspension after a DUI arrest?
You have 90 days from the date of the notice to request a hearing, but the suspension goes into effect on the 46th dayafter the arrest unless it’s stopped. Your DUI attorney in Chicago should file the petition as soon as possible to avoid delays and preserve your right to drive legally.

What’s the difference between the criminal DUI case and the license suspension?
The criminal case is handled by the courts and determines guilt or innocence. The suspension is an administrative actionby the Secretary of State based on test refusal or failure. These are separate, and it’s possible to win one and lose the other. That’s why legal help is essential.

Can I drive after a DUI arrest in Chicago?
Yes, but only for a limited time. Your driver’s license is not suspended immediately. If your Chicago DUI lawyer files for a hearing before the suspension date, you may retain driving privileges. You may also qualify for a Monitoring Device Driving Permit (MDDP) with a BAIID installed.

What if I refused the breathalyzer test?
Refusing leads to a longer suspension—12 months for a first offense, 3 years for repeat offenses. However, refusal may limit the prosecution’s evidence. A DUI defense lawyer in Chicago can help weigh the pros and cons based on your case and fight to reverse the suspension.

Can my license be revoked permanently?
Yes, in aggravated DUI cases or multiple DUI convictions, your license may be revoked for life. But in many cases, with legal help, you can avoid this outcome by challenging the case early and pursuing the right defense strategy.

What if I already had a suspended license at the time of arrest?
Driving under the influence while your license is already suspended is a felony offense in Illinois. You face potential prison time and vehicle forfeiture. It is critical to speak with a Chicago criminal defense lawyer immediately if you’re in this situation.

Why You Need a DUI Defense Lawyer After an Arrest in Chicago

If you’ve been arrested for DUI in Chicago, don’t assume the outcome is already decided. You do not automatically lose your license unless you let it happen. The clock starts ticking the moment you’re arrested, and without legal action, you could face months or years without driving privileges—not to mention a permanent criminal record.

The Law Offices of David L. Freidberg aggressively defends clients across Chicago, Cook County, DuPage County, Will County, and Lake County. We have years of experience in DUI law, summary suspension hearings, and the criminal courts of Illinois. We fight for dismissals, rescissions, reduced charges, and second chances. Don’t let a single mistake define your future.

Call The Law Offices of David L. Freidberg – Free Consultation 24/7

You need strong legal representation if you want to keep your license, avoid jail, and protect your future. At The Law Offices of David L. Freidberg, we defend drivers arrested for DUI throughout Chicago and the surrounding counties. We offer a free consultation 24/7.

Don’t let a suspension or revocation ruin your career, your mobility, or your future. Call The Law Offices of David L. Freidberg for immediate help with DUI charges, suspended licenses, or criminal cases tied to driving in Illinois.

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.