What to Look for in a DUI Defense Attorney

Understanding DUI Charges in Chicago and Across Illinois

DUI charges in Chicago are more common than many people realize. Whether you were stopped in the West Loop, pulled over near the Kennedy Expressway, or arrested during a routine checkpoint in Wrigleyville, a DUI charge in Illinois carries serious consequences. The offense might seem minor at first glance, but driving under the influence (DUI) is treated with the full weight of the criminal justice system. It can result in jail time, fines, a suspended driver’s license, mandatory alcohol education programs, and a permanent criminal record.

Under 625 ILCS 5/11-501, driving under the influence of alcohol, drugs, or any intoxicating compound is unlawful in Illinois. A first-time DUI offense is typically charged as a Class A misdemeanor, punishable by up to one year in jail and a maximum fine of $2,500. However, aggravating circumstances can elevate the charge to a felony (Class 4 or higher), such as if a child under 16 was in the car or if the DUI resulted in bodily harm.

The Law Offices of David L. Freidberg has defended clients charged with both misdemeanor and felony DUI throughout Cook County and surrounding areas. Every DUI charge begins with a traffic stop or accident investigation, but how your defense is handled from that moment forward makes a significant difference in the outcome.

How DUI Arrests and Investigations Work in Illinois

Most DUI cases in Illinois begin with a traffic stop initiated by a law enforcement officer who claims to have observed erratic driving, a traffic violation, or a checkpoint encounter. The officer may ask the driver to perform standardized field sobriety tests or take a preliminary breath test. These initial steps are part of the officer’s attempt to establish probable cause for an arrest.

Once arrested, the accused may be asked to submit to chemical testing under Illinois’ implied consent law (625 ILCS 5/11-501.1). Refusing a breath, blood, or urine test can lead to an automatic suspension of your driver’s license, even if you’re not ultimately convicted. This administrative penalty is separate from any criminal prosecution. A first refusal results in a one-year suspension; a second refusal within five years leads to a three-year suspension.

DUI investigations typically include police dashcam or bodycam footage, witness statements, officer observations, and chemical test results. The State may rely heavily on this evidence to build its case. If you are charged, your next step will be your arraignment, where you will be formally presented with the charges and asked to enter a plea.

Understanding the Criminal Process for DUI in Illinois

After your arrest, the criminal process begins swiftly. From arraignment to pre-trial hearings and ultimately trial, each phase demands legal representation. Pre-trial motions, such as motions to suppress evidence based on unlawful stops or faulty chemical tests, are vital in DUI cases.

If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you were impaired or had a blood alcohol content (BAC) of 0.08 or higher while driving. If you refused testing, the State may rely on officer testimony, video footage, and the results of field sobriety tests. An experienced DUI attorney may challenge each component of the State’s case.

At trial, the defense can present evidence that the traffic stop lacked reasonable suspicion, the arrest lacked probable cause, or that the testing process was flawed. With aggressive representation, many DUI cases result in dismissal, acquittal, or reduced charges.

The Types of Evidence Collected in DUI Prosecutions

The prosecution relies on several types of evidence in DUI cases:

• Field sobriety test results
• Officer observations (slurred speech, red eyes, etc.)
• Breathalyzer or chemical test results
• Dashcam and bodycam footage
• Witness statements
• Statements made by the driver

Each piece of evidence can be challenged, especially when procedures were not followed precisely. In one recent case we handled, the breathalyzer machine had not been properly calibrated. Through cross-examination and expert testimony, we were able to have the results excluded, which led to the case being dismissed.

For more on how we evaluate police evidence, see our recent blog on DUI testing errors.

Why Legal Representation is Critical at Every Stage

From arrest through trial, every step of the criminal process can impact your freedom. Without legal counsel, you may unknowingly waive your rights or miss opportunities to challenge improper procedures. A DUI defense lawyer protects your constitutional rights, investigates the validity of the stop, reviews the evidence, and negotiates with prosecutors.

Hiring an attorney early allows for immediate intervention in the administrative license suspension, known as the Statutory Summary Suspension process. A timely petition to rescind the suspension must be filed within 90 days of arrest. Your attorney can also represent you in a hearing to preserve your driving privileges while the case proceeds.

The consequences of a conviction extend beyond jail time and fines. A DUI on your record can impact employment, professional licenses, auto insurance rates, and your ability to travel internationally.

Example Case: Aggressive DUI Defense Leads to Full Dismissal

A client was charged with a second-offense DUI after being stopped in Lincoln Park for allegedly swerving. The officer claimed the driver failed field sobriety tests and refused the breathalyzer. We immediately obtained squad car footage and found that the alleged swerving was minimal and occurred only once. During the suppression hearing, we demonstrated that the officer lacked reasonable suspicion for the stop. The judge agreed and ruled all evidence inadmissible. The State dropped the charges. Our client retained their license and avoided jail.

This case highlights the importance of detailed legal analysis and proactive defense. Without representation, the client likely would have pled guilty and suffered long-term consequences.

Qualities to Look for in a DUI Defense Attorney

Choosing the right DUI lawyer in Chicago means more than hiring someone who handles criminal cases. You need a firm with deep knowledge of Illinois DUI laws, trial experience, and a record of successful outcomes. Look for an attorney who regularly appears in Cook County, DuPage County, Will County, and Lake County courts. Familiarity with local prosecutors and judges is a key advantage.

Your attorney should demonstrate real courtroom experience, not just a willingness to settle. Ask how many DUI cases they have taken to trial and how many were dismissed. A knowledgeable lawyer will also be able to explain how they challenge breathalyzer results, cross-examine officers, and leverage weaknesses in the prosecution’s case.

What to Ask During a Free Consultation

When meeting with a criminal defense attorney for a DUI, come prepared with the right questions. Ask whether they have defended cases with facts similar to yours. Find out how often they appear in your courthouse. Ask whether they personally handle your case or pass it to an associate. Transparency is important.

Other important questions include:

• What defenses do you see in my case?
• How often do your DUI cases result in dismissal or reduction?
• Have you filed motions to suppress in similar cases?
• What are the possible penalties I face if convicted?

At The Law Offices of David L. Freidberg, we answer these questions in detail during your free consultation. We believe every client deserves clarity and a strategic roadmap.

Frequently Asked Questions About DUI Defense in Chicago

Is DUI a Felony or Misdemeanor in Illinois? It depends on the circumstances. A first or second DUI is typically a Class A misdemeanor. However, a third DUI, DUI with serious bodily harm, or DUI with a child passenger can be charged as a felony. Aggravated DUI (625 ILCS 5/11-501(d)) includes Class 4 to Class 1 felonies, depending on the facts.

Can I Keep My License After a DUI Arrest? Possibly. You have the right to contest your Statutory Summary Suspension by filing a petition within 90 days of arrest. A hearing must be held within 30 days or the first court date, whichever is later. A skilled attorney can identify flaws in the arrest or testing to fight the suspension.

Do I Have to Take a Breath Test in Illinois? You can refuse, but doing so triggers a license suspension under implied consent laws. A refusal results in a one-year suspension for a first offense and longer for subsequent refusals.

What Are Field Sobriety Tests, and Are They Reliable? These are roadside tests used by police to assess impairment. They include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus. These tests are subjective and often challenged in court.

Can DUI Charges Be Dropped or Reduced? Yes, depending on the evidence. Successful motions to suppress, witness contradictions, or improper testing may result in reduced or dismissed charges. An experienced DUI attorney will identify and argue these issues effectively.

Why Should I Hire a Private Attorney Instead of a Public Defender? Public defenders are often overloaded and cannot provide the time and attention a DUI case requires. A private attorney ensures your case gets the personalized attention necessary for a strong defense.

What Happens if I Have a Prior DUI on My Record? Penalties increase significantly with each conviction. A second DUI may include mandatory jail time or community service. A third is a felony. Prior convictions can also limit plea bargaining options.

Will a DUI Conviction Affect My Job? Yes. Some employers conduct background checks, and a DUI may disqualify you from certain jobs or professional licenses. It can also impact your ability to drive for work or travel internationally.

Do I Have to Appear in Court? Most DUI cases require at least one in-person court appearance. In some situations, your attorney may appear on your behalf for procedural hearings, but trials and key motions require your presence.

Why Do I Need a Lawyer If I Plan to Plead Guilty? Even if you plan to accept responsibility, a lawyer can negotiate for reduced charges, alternative sentencing, or deferred prosecution options. An attorney may also discover defenses you were unaware of.

Why You Should Hire The Law Offices of David L. Freidberg for DUI Defense

When you are facing a DUI charge, your future depends on the quality of your legal defense. Attempting to represent yourself or relying on an overburdened public defender is risky. At The Law Offices of David L. Freidberg, we fight aggressively to protect your rights, challenge unlawful stops, expose faulty testing, and ensure your side of the story is heard.

We handle DUI cases across Chicago, including Cook County, DuPage County, Will County, and Lake County. With decades of courtroom experience and a record of successful outcomes, we offer personalized representation tailored to your case.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

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.