Commercial Drivers in Chicago Have a Lot to Lose—And Very Little Room for Error
Commercial drivers in Chicago keep the city moving. Whether it’s a semi-truck hauling freight down I-90, a CTA bus operator navigating downtown streets, or a delivery driver transporting medical supplies on the South Side, these jobs require a commercial driver’s license (CDL) and a clean driving record.
When a CDL holder is arrested for DUI or receives a major traffic citation, the consequences go beyond typical license suspensions. A single mistake—often in a personal vehicle—can result in a CDL disqualification, which means losing your job, your benefits, and your future in the transportation industry.
In Illinois, the statutes governing commercial driver suspensions and disqualifications fall under 625 ILCS 5/6-514, which outlines the violations that lead to automatic or mandatory license actions. The Illinois Secretary of State enforces these penalties quickly, sometimes before the court process even begins.
If you’re a commercial driver arrested in Chicago, the stakes are higher than most people realize. Fortunately, you have the right to challenge a CDL suspension or disqualification, but strict timelines and technical rules apply. You need an experienced Chicago criminal defense lawyer who knows how to defend your commercial license and help you stay on the road.
CDL Disqualifications in Illinois: How They Happen and What They Mean
Illinois law is especially harsh on commercial drivers. That’s because the state follows federal CDL regulations set by the Federal Motor Carrier Safety Administration (FMCSA), which requires states to enforce disqualifications for specific violations—even if they happen in a personal car.
Common reasons for CDL disqualification in Illinois include:
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DUI or refusal to submit to testing
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Leaving the scene of an accident
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Using a vehicle to commit a felony
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Excessive speeding (15+ mph over the limit)
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Reckless driving
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Texting while driving a commercial vehicle
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Multiple serious traffic violations within a short period
The penalties vary, but even a first-time DUI or refusal triggers a 1-year CDL disqualification, and a second offense results in a lifetime ban under 625 ILCS 5/6-514(e). These disqualifications apply regardless of whether the offense happened in a commercial or non-commercial vehicle.
Importantly, you don’t have to be convicted to face CDL suspension. Just being arrested for DUI or refusing chemical testing can lead to a statutory summary suspension, which automatically disqualifies your CDL unless you challenge it within the 30-day window.
The Process of Challenging a CDL Suspension in Illinois
After a DUI arrest or qualifying traffic offense, the Illinois Secretary of State issues a notice of statutory summary suspension. This takes effect 46 days after the arrest, unless the driver files a petition to rescind the suspension in court.
This is your first and most critical opportunity to stop the suspension before it destroys your driving career.
A Chicago DUI lawyer representing a CDL holder will:
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File a petition to rescind the suspension
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Demand a hearing within 30 days
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Subpoena dashcam and bodycam footage
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Challenge the probable cause for the stop
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Attack test procedures and chemical results
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Raise constitutional and procedural defenses
At this hearing, the burden is on the state to prove that the officer had a legal basis to stop you, arrest you, and request chemical testing. If any part of that process was flawed, your CDL suspension could be overturned—regardless of whether the DUI criminal case is pending.
In some cases, the defense can also challenge the timing or notice of the suspension itself. CDL disqualifications have strict administrative requirements. If the paperwork was incomplete, untimely, or issued improperly, the disqualification can be rescinded.
But once the 30-day period expires, you lose your right to challenge the suspension administratively. That’s why time is so important in CDL defense.
Realistic Case Study: CDL DUI Arrest in Logan Square
Let’s take a fictional case based on common scenarios in Chicago. A commercial driver who lives in Logan Square is pulled over late at night on Milwaukee Avenue after failing to signal. The officer claims the driver smelled of alcohol and observed slurred speech. The driver refused to submit to field sobriety tests and declined the breath test.
He was arrested for DUI, and a statutory summary suspension was issued for refusing chemical testing.
Within days, the driver hired a Chicago CDL DUI lawyer who immediately filed a petition to rescind the suspension. At the hearing, bodycam footage revealed that the officer never read the “Warning to Motorist”, as required under Illinois law before a test refusal. The judge ruled that the refusal could not be used to justify the suspension.
As a result, the court rescinded the statutory summary suspension, and the client’s CDL disqualification was also removed. Even though the DUI case continued, the driver returned to work and continued earning income while the criminal case played out.
The client avoided losing his job thanks to quick legal action, knowledge of Illinois DUI procedures, and aggressive representation.
Defending Against CDL Criminal Charges: What’s at Stake?
When a commercial driver is charged with DUI, reckless driving, or another qualifying offense, the criminal penalties can be severe. A first DUI in Illinois is a Class A misdemeanor under 625 ILCS 5/11-501, punishable by:
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Up to 364 days in jail
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Fines up to $2,500
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Mandatory alcohol counseling
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License suspension
For CDL holders, the punishment is worse. Even if they avoid jail, a conviction or a summary suspension still results in a minimum one-year disqualification. That means no commercial driving for 12 months—even if you have no prior criminal record.
Some offenses are even more serious. A DUI with a BAC of .16 or higher, an accident with injuries, or a second offense within five years can result in felony charges or lifetime CDL bans.
A Chicago criminal defense lawyer for commercial drivers will examine:
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Probable cause for the stop
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The administration of field sobriety tests
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The reliability of breathalyzer or blood test results
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Whether the client was read proper warnings
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Chain of custody of chemical evidence
Depending on the case, defenses may include improper procedures, constitutional violations, lack of probable cause, or credible alternative explanations for the driver’s behavior.
Legal Defenses Available to Commercial Drivers Facing DUI or Disqualification
Every case is different, but strong legal defenses may include:
Improper Stop: If the officer had no reasonable suspicion to initiate the traffic stop, all evidence may be suppressed.
Failure to Warn: If police did not provide the “Warning to Motorist” before requesting a test, test results or refusals can be excluded.
Faulty Chemical Testing: Breathalyzers must be properly calibrated and administered by trained personnel. If they weren’t, the results may be inadmissible.
Medical Conditions: Certain health issues, like GERD or diabetes, can produce false positives or impair field test performance.
Illegal Search and Seizure: If evidence was gathered without a warrant or consent, it may be thrown out.
A commercial driver should never assume the case against them is airtight. A knowledgeable CDL defense attorney in Chicago will identify weaknesses and build a strategy to protect your license and future.
FAQs: CDL Suspensions, Disqualifications, and Criminal Charges in Chicago
How long do I have to challenge a CDL suspension in Illinois?
You must file a petition to rescind the statutory summary suspension within 30 days of your arrest. If you miss this deadline, the CDL disqualification becomes effective automatically, even if the criminal DUI case is still pending. Your Chicago CDL defense attorney will file this petition quickly to give you the best chance at keeping your license.
Can I still work if my CDL is disqualified but my personal license is valid?
No. A disqualified CDL means you cannot legally operate commercial vehicles in Illinois or under federal DOT regulations. Even if your personal Class D license remains valid, you’ll be prohibited from working in any commercial driving capacity until the disqualification is lifted or expires.
Will my CDL be disqualified if I was arrested for DUI in my personal car?
Yes. Under 625 ILCS 5/6-514, DUI arrests in non-commercial vehicles can still lead to CDL disqualification. The law applies regardless of vehicle type, which surprises many drivers. That’s why any DUI arrest must be taken seriously by CDL holders.
Can I get a hardship license for work if my CDL is suspended?
No. Illinois does not allow restricted driving permits (RDPs) or hardship licenses for CDL operation. While some drivers can apply for limited driving privileges for personal use, you cannot drive a commercial vehicle at all while disqualified.
What happens if I keep driving with a suspended CDL in Illinois?
Driving with a disqualified CDL is a serious offense that can result in criminal charges, fines, further disqualification, and even jail time. Employers will also terminate drivers who lose eligibility. A Chicago criminal defense lawyer can help you challenge the disqualification before it escalates.
Hire a Lawyer Before You Lose Your CDL for Good
If you’re a commercial driver arrested for DUI or facing a license suspension in Illinois, your career is at risk. Don’t assume you can explain your way out of it. Don’t rely on the prosecutor to “go easy” on you. The system is designed to punish CDL violations harshly.
Hiring a Chicago criminal defense lawyer with experience in CDL cases gives you the best shot at avoiding disqualification, keeping your job, and protecting your record. At The Law Offices of David L. Freidberg, I’ve helped drivers throughout Chicago, Cook County, DuPage County, Will County, and Lake County beat suspensions, suppress evidence, and stay on the road.
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.