What Happens to My CDL if I’m Arrested for DUI in Chicago?

Understanding How a DUI Arrest Threatens Your Commercial Driver’s License

Chicago’s streets and highways are filled with trucks and commercial vehicles delivering the goods that keep Illinois moving. For a professional driver, a Commercial Driver’s License (CDL) is more than a permit—it’s a livelihood. When police make a DUI arrest in Cook County or anywhere in Illinois, that license and career can hang in the balance.

As a Chicago CDL DUI Defense Lawyer, I know how quickly a single allegation can derail years of safe driving. Under 625 ILCS 5/6-500 et seq., Illinois applies strict standards for commercial drivers. A CDL holder can face suspension or disqualification even when driving a personal vehicle.

In Illinois, most first-offense DUIs are Class A misdemeanors under 625 ILCS 5/11-501, punishable by up to one year in jail, fines up to $2,500, mandatory alcohol education, and a driver’s license suspension. When a crash causes injury or death, the case escalates to a Class 4 felony or higher, depending on the circumstances.

For CDL holders, penalties go far beyond fines and jail. Even before conviction, the Illinois Secretary of State can impose an automatic one-year CDL disqualification for a first DUI or lifetime revocation for a second. Losing that credential means losing the ability to work for carriers operating out of Chicago, Joliet, Aurora, or across the Midwest.

Criminal cases in Illinois begin when an officer makes an arrest based on probable cause. After booking at a Chicago Police Department district or Cook County Sheriff facility, the case proceeds to bond court at 26th and California or the Daley Center. Every stage—arraignment, pre-trial motions, and trial—can affect whether your CDL and career survive.

How DUI Investigations and Evidence Affect CDL Drivers in Illinois

A DUI arrest typically follows a roadside stop on the Kennedy Expressway, I-55, or a city street such as Western Avenue. Law enforcement will look for traffic violations, lane drift, or alleged odor of alcohol. Officers then request field sobriety tests and, in most cases, a breath, blood, or urine test.

Illinois’ implied-consent law (625 ILCS 5/11-501.1) authorizes these chemical tests. Refusing a test triggers an automatic statutory summary suspension—twelve months for a first refusal or thirty-six months for a second. For CDL holders, that suspension results in a mandatory one-year disqualification, even if the DUI charge is later dropped.

Investigators collect several types of evidence:

Squad-car and body-camera footage showing driving behavior or field tests
Breathalyzer or blood-test results
Officer observations written in police reports
Statements made by the driver

A Chicago DUI Lawyer for Commercial Drivers examines whether this evidence was lawfully obtained. Breath testing devices must be properly maintained and calibrated under Illinois Administrative Code Section 1286. Failure to follow those rules can render the test invalid.

The criminal process then continues through discovery, plea negotiations, and potential trial. Meanwhile, the Illinois Secretary of State holds an administrative hearing that determines license suspension and disqualification periods. This hearing is entirely separate from the criminal case, yet its outcome controls whether you can legally drive a commercial vehicle.

Fictional Example: A Defense Strategy in a Chicago DUI-CDL Case

Consider a realistic example. A delivery driver from the Bridgeport neighborhood was stopped late at night near 31st Street for allegedly failing to signal a turn. The officer claimed the driver’s eyes were glassy and requested field sobriety tests. After a portable breath test registered 0.06 percent—below the standard 0.08 limit but above the 0.04 threshold for CDL operators—the driver was arrested for DUI.

At The Law Offices of David L. Freidberg, we immediately requested all squad-car footage and breathalyzer maintenance records. The video revealed that the driver exited the vehicle steadily and followed directions precisely. Maintenance logs showed the breathalyzer was overdue for calibration by twenty-five days, a clear violation of administrative standards.

We filed a motion to suppress the test results and successfully argued that the officer lacked probable cause to arrest. The court dismissed the DUI charge, and at the Secretary of State hearing, we secured reinstatement of the driver’s CDL. That client returned to work within weeks.

This fictional example illustrates how detailed investigation and procedural challenges can change outcomes for commercial drivers accused of DUI in Chicago.

The Criminal Trial Defense Process and Why Representation Matters

Illinois criminal courts follow a structured process once the State’s Attorney files formal charges. The stages typically include arraignment, pre-trial discovery, motion hearings, trial, and sentencing. Each phase carries risks for CDL holders:

During arraignment, entering a plea without counsel can limit defense options.
In discovery, prosecutors must disclose evidence; your defense attorney ensures that all materials—videos, calibration records, witness statements—are obtained.
Motions to suppress can challenge unlawful stops or testing errors, potentially leading to dismissal.
Trial preparation includes cross-examining officers and presenting expert testimony on testing reliability.

Without an experienced Chicago CDL DUI Defense Lawyer, critical defenses may be lost. A conviction means more than fines—it can result in termination from employment, higher insurance premiums, and permanent disqualification from interstate driving.

For many commercial drivers, maintaining a clean record is essential for Department of Transportation compliance. Even a plea to reckless driving under 625 ILCS 5/11-503 counts as a major offense that can disqualify a CDL for one year.

An attorney guides you through both the criminal court and Secretary of State administrative hearing, ensuring consistent strategy. Defense counsel can also negotiate for court supervision, available to certain first-time offenders, preventing a formal conviction that triggers automatic CDL loss.

Potential Legal Defenses in Illinois CDL DUI Cases

Defenses depend on the evidence and the officer’s conduct. Common strategies include:

Improper Stop or Lack of Probable Cause: Officers must have specific facts suggesting impairment. Random or pretextual stops violate the Fourth Amendment and Article I, Section 6 of the Illinois Constitution.

Invalid or Unreliable Test Results: Breathalyzers must meet calibration standards. Blood samples require strict chain-of-custody documentation. Any lapse can render results inadmissible.

Medical Conditions: Certain medical issues—acid reflux, diabetes, or medications—can produce false positives on breath tests.

Violation of Miranda Rights: If officers question you after arrest without proper warnings, your statements can be excluded.

Failure to Follow Administrative Procedures: The Secretary of State must follow statutory notice requirements before imposing suspension or disqualification. Errors can restore your CDL privileges.

A tailored defense often combines several of these arguments. A skilled Chicago DUI Lawyer for Commercial Driversknows how to integrate procedural, scientific, and constitutional challenges for the strongest possible result.

Qualities to Look for and Questions to Ask a Chicago Criminal Defense Attorney

Choosing the right attorney can determine the course of your case. Look for a lawyer who has handled both criminal DUI litigation and Secretary of State license hearings, since the two processes run on parallel tracks. A strong record of results in Cook County, DuPage County, and Will County courts demonstrates familiarity with local judges and prosecutors.

During a consultation, ask:

How many CDL-related DUI cases have you defended in Chicago?
What percentage resulted in dismissals or reduced charges?
Do you personally handle court appearances or delegate them?
How do you prepare for the administrative license hearing?
Can you explain the timeline and potential outcomes specific to my situation?

Transparency and communication are essential. A CDL driver should never feel left in the dark about case status or deadlines. The attorney should also be reachable after hours—especially when a suspension notice arrives without warning.

Why CDL Defendants Need a Lawyer and the Consequences of Going It Alone

Attempting to handle a DUI alone can be devastating for a commercial driver. Prosecutors do not reduce or dismiss CDL-related DUIs lightly. The Illinois Secretary of State enforces federal FMCSA rules that leave little room for discretion. A guilty plea or even court supervision can permanently end a driving career.

An attorney not only challenges the State’s evidence but also protects your right to continue working pending trial. Many drivers qualify for a Monitoring Device Driving Permit (MDDP) or a restricted permit that allows them to operate non-commercial vehicles. Without representation, those options may be lost.

The Law Offices of David L. Freidberg combines decades of courtroom experience with in-depth knowledge of CDL and DUI law. We understand how one arrest can threaten your family’s income and future. Our defense team acts immediately to contest both the criminal case and the administrative suspension.

Chicago CDL DUI Defense Lawyer FAQs

What happens immediately after a CDL DUI arrest in Chicago?
You will be booked at a Chicago Police Department facility and given a court date. Within forty-six days, the Illinois Secretary of State automatically suspends your driver’s license unless you request a hearing. For CDL holders, that triggers a one-year disqualification separate from the regular suspension.

Can I still drive my personal vehicle after a CDL disqualification?
Yes, but only if you qualify for a monitoring permit or if your non-commercial driving privileges remain valid. The CDL portion of your license will be marked as disqualified, meaning you cannot operate any commercial vehicle.

Is a CDL DUI always a felony?
No. Most first offenses are Class A misdemeanors, but the penalties are severe because of the CDL consequences. If a crash causes injury, death, or property damage exceeding $10,000, felony charges may apply under 625 ILCS 5/11-501(d).

What if I was driving my personal car, not my truck?
Illinois law imposes the same CDL penalties regardless of which vehicle you were operating. A conviction or suspension for DUI in a personal car still results in a one-year CDL disqualification.

Can a lawyer stop the summary suspension?
Yes. Your attorney can file a Petition to Rescind the Statutory Summary Suspension under 625 ILCS 5/2-118.1. If the judge finds that the officer lacked reasonable grounds or that testing procedures were improper, the suspension and CDL disqualification can be lifted.

Will a plea to reckless driving save my CDL?
Not necessarily. Reckless driving is considered a major offense under federal CDL regulations. Even without a DUI conviction, it can trigger a one-year disqualification. Your lawyer must weigh every plea’s effect on your commercial record.

Can my employer see the DUI charge before conviction?
Yes. Employers who monitor your driving record through the Illinois Driver Abstract system will see the pending DUI entry. Maintaining communication with your attorney helps manage disclosure issues with your carrier or union.

How long will the DUI stay on my record?
Under Illinois law, DUI convictions are permanent and cannot be expunged. Court supervision avoids a conviction but still affects your CDL status. A skilled Chicago CDL DUI Defense Lawyer works to prevent any finding that results in long-term damage to your record.

What are the long-term career consequences?
Most major carriers refuse to hire drivers with any DUI history. Independent owner-operators may lose federal insurance or contract eligibility. Protecting your record from a conviction is critical to keeping your career viable.

Why should I hire The Law Offices of David L. Freidberg?
Because our firm has decades of proven success defending Chicago drivers in both state court and Secretary of State hearings. We know the judges, prosecutors, and administrative officers who decide these cases, and we fight to protect your right to work.

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

If you’re a commercial driver arrested for DUI anywhere in Chicago, Cook County, DuPage County, Will County, or Lake County, your future is on the line. Do not wait until the suspension takes effect. Contact The Law Offices of David L. Freidberg, an experienced criminal defense attorney with a record of success defending CDL and DUI cases throughout Illinois.

We are available 24 hours a day, 7 days a week for a free consultation at (312) 560-7100 or toll-free (800) 803-1442. Protect your license, your livelihood, and your reputation today.

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.