Chicago Criminal Lawyer Blog

October 15, 2025

Understanding Illinois Aggravated DUI Criminal Charges

by Law Offices of David L. Freidberg, P.C.

A Chicago Criminal Defense Lawyer Explains How a DUI Becomes a Felony

As a Chicago criminal defense lawyer with decades of courtroom experience, I know how quickly a simple traffic stop can escalate into a life-changing felony. Many clients come to me after being arrested for what they thought was an “ordinary DUI,” only to learn that prosecutors have charged them with Aggravated Driving Under the Influence—a felony under 625 ILCS 5/11-501(d). This offense carries far more severe penalties and can affect every aspect of a person’s life.

In Cook County, aggravated DUI cases are prosecuted aggressively. Judges in the Richard J. Daley Center and the suburban courthouses in Maywood, Bridgeview, Skokie, and Rolling Meadows treat these offenses as serious threats to public safety. What’s important to understand is that an aggravated DUI is not defined solely by your blood alcohol concentration. It’s defined by the circumstances surrounding your arrest—such as your driving record, who was in the vehicle, and whether anyone was hurt.

October 14, 2025

Understanding When a DUI Becomes a Felony in Illinois

by Law Offices of David L. Freidberg, P.C.

How Felony DUI Charges Arise in Chicago

Chicago’s roads are busy day and night, from the Kennedy Expressway to Lake Shore Drive. Police are constantly patrolling for impaired driving, especially on weekends and holidays. A first or even second DUI arrest in Illinois is usually treated as a misdemeanor under 625 ILCS 5/11-501(a), but specific circumstances can transform a misdemeanor into a felony offense, called an Aggravated DUI. The distinction carries enormous consequences — both legally and personally.

As a Chicago DUI defense lawyer, I’ve represented countless clients who were shocked to learn that a single arrest could expose them to prison time. The key factor is not just alcohol concentration but the conditions surrounding the offense. Prior convictions, a suspended license, an injury accident, or the presence of a child passenger can all push the charge into felony territory under 625 ILCS 5/11-501(d).

October 13, 2025

Aggravated DUI Causing Death in Illinois: Felony Charges, Sentencing, and Legal Defenses Explained

by Law Offices of David L. Freidberg, P.C.

Chicago’s busy streets are filled with cars, pedestrians, buses, and cyclists every hour of the day. When a serious crash happens and someone loses their life, police often look for intoxication as a cause. Under Illinois law, a fatal crash involving alcohol or drugs can quickly escalate from a tragic accident to a felony criminal charge.

An Aggravated DUI Causing Death is one of the most serious criminal offenses prosecuted in Cook County. It falls under 625 ILCS 5/11-501(d)(1)(F), which defines aggravated DUI as any violation of the DUI statute that results in the death of another person. This offense is not a misdemeanor—it is a Class 2 felony, and in some cases, it can be treated even more harshly depending on the facts.

In Chicago, law enforcement investigates fatal crashes aggressively. Officers from the Chicago Police Department’s Major Accident Investigation Unit may conduct blood draws, interview witnesses, and reconstruct the crash scene. The State’s Attorney’s Office can then file aggravated DUI homicide charges, often before toxicology reports are even finalized.

October 12, 2025

Can an Aggravated DUI Be Reduced to a Misdemeanor in Illinois?

by Law Offices of David L. Freidberg, P.C.

When Felony DUI Charges Threaten Your Future in Chicago

When someone in Chicago calls my office after being charged with aggravated DUI, they’re often terrified—and with good reason. Felony DUI charges under Illinois law carry the potential for prison, enormous fines, and a lifelong criminal record that can follow you for decades.

But what many people don’t realize is that not every aggravated DUI stays a felony. In some cases, the charge can be reduced to a misdemeanor through strong legal advocacy, factual investigation, and meaningful mitigation efforts. My job as a Chicago DUI defense lawyer is to find every possible opening to make that happen.

October 10, 2025

Why It’s Always Worth Hiring a Lawyer for a Chicago DUI Case

by Law Offices of David L. Freidberg, P.C.

Understanding DUI Charges in Chicago and Illinois

A DUI charge in Chicago is more than just a traffic citation—it’s a criminal offense that can permanently affect your record, your freedom, and your future. In Illinois, under 625 ILCS 5/11-501, it’s illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or any intoxicating compound that impairs one’s ability to operate safely.

Within Chicago, DUI enforcement is aggressive. The Chicago Police Department, Cook County Sheriff’s Office, and Illinois State Police all target impaired driving through checkpoints and increased patrols. The first DUI is generally classified as a Class A misdemeanor, which carries up to 364 days in jail, fines up to $2,500, and the potential loss of your driver’s license.

October 9, 2025

Can an Illinois DUI Affect My Driver’s License in Other States?

by Law Offices of David L. Freidberg, P.C.

Chicago DUI Lawyer Explains Why Your Case May Follow You Everywhere

A DUI arrest in Chicago doesn’t end when the flashing lights fade. What happens in Illinois rarely stays in Illinois—especially when it comes to your driver’s license. Every year, thousands of visitors and residents alike are caught off guard when they discover their DUI case affects their right to drive in other states.

At The Law Offices of David L. Freidberg, I’ve represented people from across the country arrested in Chicago’s busy nightlife corridors, expressways, and suburbs. Many were shocked to learn that even a first-time DUI under 625 ILCS 5/11-501 can jeopardize driving privileges in their home state and create a criminal record accessible nationwide. The combination of Illinois law, national data systems, and the Driver License Compact means a conviction here can have long-term consequences elsewhere.

October 8, 2025

Your Right To Refuse a Breathalyzer in Illinois—And What That Choice Really Means

by Law Offices of David L. Freidberg, P.C.

The Legal Reality Behind “Implied Consent” in Illinois

In Chicago, drivers are often shocked to learn that saying “no” to a breath test does not end a DUI investigation. Illinois has an implied-consent law, meaning that by accepting a state driver’s license, you have already agreed to submit to chemical testing when a police officer has probable cause for a DUI arrest. The rule comes from 625 ILCS 5/11-501.1, and its effect is immediate: refusal equals automatic license suspension, even if you are later found not guilty of DUI in criminal court.

In practice, this system gives Chicago police tremendous leverage. The moment you refuse, they can file a sworn report that triggers a Statutory Summary Suspension through the Illinois Secretary of State. For a first refusal, the suspension lasts one year; for a second within five years, it lasts three. The process is administrative, not criminal, so guilt or innocence in court doesn’t automatically restore your license. The only way to challenge it is by filing a Petition to Rescind within the short window allowed by statute.

October 7, 2025

Can a DUI Be Dismissed in Illinois?

by Law Offices of David L. Freidberg, P.C.

Police officers across Chicago and the suburbs conduct thousands of DUI arrests every year. Patrol divisions, the Illinois State Police, and Cook County sheriff’s deputies are under constant pressure to make arrests during traffic enforcement campaigns. Yet many of these cases fall apart once they reach court because the evidence does not hold up under scrutiny.

A DUI in Illinois is charged under 625 ILCS 5/11-501, which makes it illegal to drive or be in actual physical control of a vehicle while impaired by alcohol, drugs, or any intoxicating substance. A driver with a BAC of 0.08 percent or morefaces a per se violation, even without visible signs of impairment.

For a first offense, a DUI is a Class A misdemeanor, punishable by up to 364 days in jail, fines of $2,500, and a license suspension. Repeat or aggravated cases—such as those involving injury, a minor passenger, or a suspended license—can rise to felony levels under Illinois law.

October 6, 2025

Is a Second DUI a Felony in Illinois?

by Law Offices of David L. Freidberg, P.C.

Chicago Criminal Defense Lawyer Protecting Drivers Across Cook County

Chicago is a city that never sleeps—its nightlife, restaurants, and sports events draw crowds late into the night. Unfortunately, increased traffic enforcement often turns an ordinary evening into a serious legal problem. When someone already has one prior DUI conviction, a second arrest under 625 ILCS 5/11-501 can trigger significantly harsher punishment and even felony exposure.

Illinois law classifies a first DUI as a Class A misdemeanor, punishable by up to one year in county jail and a $2,500 fine. A second offense, however, demonstrates what the law views as a pattern of disregard for traffic safety. The penalties are heavier, the license consequences longer, and prosecutors often recommend jail time even if no one was injured.

October 5, 2025

Do I Need a Defense Lawyer for a DUI Charge in Illinois?

by Law Offices of David L. Freidberg, P.C.

Why Every Chicago DUI Arrest Demands Immediate Legal Help

Getting stopped by the police in Chicago is nerve-racking enough, but when that stop turns into a DUI investigation, the situation becomes life-changing. Illinois has some of the toughest DUI laws in the country, and Chicago prosecutors rarely take it easy on defendants. Even a first-time DUI can carry consequences that reach far beyond the courtroom, affecting your license, job, insurance rates, and personal reputation.

Under 625 ILCS 5/11-501, a DUI is charged when someone operates or is in actual physical control of a motor vehicle while under the influence of alcohol or drugs. A BAC of 0.08% or greater automatically creates a presumption of impairment. The same statute covers impairment by prescription medications, cannabis, or any controlled substance.