Trial Tactics for DUI Charges in Illinois: How Our Criminal Defense Team Wins in Court

Facing a DUI charge in Illinois, especially in Chicago, is not a minor inconvenience. It’s a serious legal matter with the potential to disrupt your life, cost you your driver’s license, damage your employment prospects, and even land you in jail. At The Law Offices of David L. Freidberg, we take DUI defense seriously, preparing every case for trial from the very beginning. Whether you were stopped on the Kennedy Expressway or pulled over on Lake Shore Drive, our job is to protect your rights and fight back against the State’s case.

Illinois law under 625 ILCS 5/11-501 criminalizes the operation of a motor vehicle while impaired by alcohol, drugs, or intoxicating compounds. While first-time offenses may be charged as misdemeanors, certain conditions—like driving on a suspended license, causing bodily harm, or having prior convictions—can enhance the charges to a felony. Even a misdemeanor DUI carries penalties up to one year in jail, fines of $2,500, and mandatory substance abuse education.

Every DUI charge begins with a traffic stop, followed by an investigation, arrest, and the decision to file formal charges. From that point forward, your life changes. What you do next—and who you hire to represent you—can determine the outcome.

How the Trial Process Unfolds in DUI Cases in Chicago and Beyond

After your arrest, the case starts with a bond hearing, which determines whether you will be released pending trial. Next comes arraignment, where you are formally advised of the charges. Once we enter a not-guilty plea on your behalf, the pre-trial phase begins.

Pre-trial proceedings in Illinois DUI cases involve extensive document exchange between the defense and the prosecution. The State is required to disclose its evidence—from breathalyzer records and field sobriety test results to dashcam video and officer testimony. We also use this time to request and preserve additional evidence, such as surveillance footage from nearby businesses or traffic cameras that may contradict the officer’s narrative.

One of the critical parts of this phase is filing motions. For instance, if the arresting officer lacked probable cause for the stop or detained you beyond a reasonable amount of time, we may file a motion to suppress. If successful, this can lead to vital evidence being excluded—or the case being dismissed entirely.

At trial, we hold the prosecution to its burden. We don’t just accept their narrative. We dissect it. DUI cases depend on scientific data and human judgment. Both are subject to error. We cross-examine arresting officers, challenge the admissibility of chemical tests, and provide expert testimony to counter the State’s theories.

Case Example: Winning Against a Field Sobriety Test Misinterpretation

Our client, a schoolteacher, was pulled over in Oak Park after making a wide turn. The officer conducted field sobriety tests and claimed she failed due to stumbling on the one-leg stand. She was arrested and blew a 0.07 on the breathalyzer—below the legal limit.

The prosecution pursued the case on the grounds of “impairment” based on her performance on the tests. We introduced medical evidence that our client had a prior ankle injury, which affected her balance. We also presented dashcam footage that showed she was polite, coherent, and steady on her feet. The jury returned a not guilty verdict after less than an hour of deliberation.

Each DUI case has unique facts, and we dig into every detail to uncover the truth. For more about our trial strategies, visit our Chicago Criminal Defense Blog.

Understanding the Evidence in DUI Prosecutions

Most DUI prosecutions in Illinois rely on a combination of observations, tests, and forensic analysis. Evidence may include:

• Officer statements about your behavior and physical appearance
• Field sobriety test results
• Portable breath test (PBT) results and official chemical testing
• Blood or urine analysis
• Dashcam or bodycam footage
• Witnesses who were present at the time of the stop

We review each type of evidence for accuracy, legal validity, and context. Many defendants don’t realize that PBT results are not admissible in court except under limited circumstances. And if the breathalyzer at the station wasn’t properly calibrated, the results can be thrown out entirely.

Every case requires a comprehensive review of the chain of custody for test samples and maintenance logs for breath-testing equipment. At The Law Offices of David L. Freidberg, we often retain our own experts to review lab results and police procedures.

The Criminal Defense Attorney’s Role at Trial

From jury selection through closing arguments, your lawyer is your voice in court. We carefully select jurors who are fair and skeptical of government overreach. During opening statements, we frame the evidence in a way that supports your innocence.

During cross-examination, we don’t let police officers get away with vague answers. We push for specifics. We challenge timelines, observations, and test protocols. Our trial strategy is to poke holes in the State’s case until reasonable doubt is evident to every juror.

In our closing arguments, we tie it all together—the unreliable tests, the questionable traffic stop, the health conditions that explain symptoms, and the lack of direct evidence of impairment. This strategy has helped us win countless DUI trials.

See what makes us different on our Illinois DUI Defense page.

Defense Strategies That Can Make the Difference

No two cases are the same. Some defenses may involve science, while others involve constitutional law. Our strategies have included:

• Arguing unlawful stops or searches
• Disputing test results due to improper administration
• Presenting medical explanations for observed behavior
• Exposing inconsistencies in the police report
• Demonstrating lack of probable cause

We prepare each case with the assumption that it will go to trial. That mindset drives our thoroughness and our ability to secure dismissals or not guilty verdicts.

Hiring the Right Illinois DUI Attorney: What to Look For

DUI defense is not for the passive lawyer. It demands aggressive cross-examination, deep knowledge of Illinois statutes, and the ability to manage both forensic evidence and courtroom procedure. When hiring a DUI attorney, ask how often they go to trial. Ask whether they have successfully challenged breathalyzer or field sobriety test results. Ask if they’ll personally handle your case.

Our clients hire us because they know we fight every case as if it’s going to trial. We don’t push quick plea deals. We push back against the prosecution.

Talk to Our Defense Team Now – Free Consultation 24/7

If you were arrested for DUI in Chicago or anywhere in Cook County, DuPage County, Lake County, or Will County, call The Law Offices of David L. Freidberg right now. We offer free consultations and are available 24/7 to take your call.

Your rights, your record, and your future are at stake. Let us fight for you.

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.