Chicago’s Commercial Driving Industry and DUI Enforcement
Chicago’s role as a national transportation hub means thousands of commercial drivers pass through the city every day, hauling freight along I-90, I-94, I-55, and countless other routes. Whether you drive long-haul semi-trucks, local delivery vans, or buses, your CDL is your ticket to earning a living. A DUI arrest puts that at risk immediately — sometimes before you’ve even had a chance to defend yourself in court.
For commercial drivers, the rules are stricter. Illinois law sets the BAC limit at 0.04% when operating a commercial vehicle. Even if you’re driving your personal car, a DUI arrest with a BAC of 0.08% or more can result in a CDL disqualification. These lower thresholds mean that CDL holders can face charges in situations where a non-commercial driver might be allowed to drive home.
In Illinois, DUI can be charged as a Class A misdemeanor for a first offense, punishable by up to one year in jail and a $2,500 fine. However, aggravating factors — such as prior DUIs, accidents causing injury, or transporting hazardous materials — can raise the charge to a felony with much harsher penalties. Federal rules from the FMCSA layer on additional sanctions, including a one-year CDL disqualification for a first offense and lifetime loss of CDL for a second offense.
With both state and federal rules working against you, the focus for a CDL driver after a DUI arrest must be on immediate damage control. That means understanding the process, acting quickly, and securing experienced legal help.
The DUI Process for CDL Holders in Illinois
It often begins with a traffic stop. In Chicago, you might be pulled over by local police, Illinois State Police, or even stopped at a weigh station for inspection. Officers are trained to detect “signs of impairment” such as drifting out of lane, erratic braking, or delayed responses.
After the stop, the officer may ask questions, observe your demeanor, and request field sobriety tests. While these tests are voluntary, refusing them does not protect you from losing your CDL. Illinois law and FMCSA regulations both treat refusals harshly.
Chemical testing follows — breath, blood, or urine. For CDL drivers, testing at 0.04% BAC or above in a commercial vehicle will trigger both criminal charges and administrative penalties. Even in your personal vehicle, 0.08% BAC is enough for arrest and CDL consequences.
What many drivers don’t realize is that the CDL suspension process is separate from the criminal case. Under Illinois’ statutory summary suspension law, your CDL can be disqualified as soon as 46 days after your arrest unless you request and win an administrative hearing with the Secretary of State. Missing that deadline means you could lose your livelihood before you even see the inside of a courtroom.
Evidence and How It Impacts CDL DUI Defense
Prosecutors build CDL DUI cases using multiple types of evidence:
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Officer statements about driving behavior, appearance, and speech
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Field sobriety test results
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Chemical test results (breath, blood, or urine)
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Video footage from squad cars or bodycams
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Logbooks, manifests, and hours-of-service records
The problem for the prosecution is that each of these evidence sources has weaknesses. Field sobriety tests can be influenced by weather, lighting, fatigue, or medical conditions. Breath testing machines require precise calibration; any error in the process can produce false readings. Officer observations are subjective and can be contradicted by video.
An attorney’s job is to find those weaknesses and use them to your advantage. For example, if video shows you were steady on your feet despite claims of stumbling, that can cast doubt on the officer’s account. If the breath machine’s calibration records are incomplete, test results can be challenged.
Case Example: Fighting for a CDL in Court and at the Secretary of State
Consider a driver from the Pullman neighborhood in Chicago, operating a box truck for local deliveries. After finishing a shift, the driver is pulled over near the Bishop Ford Freeway for “swerving.” The officer reports watery eyes and slurred speech. A portable breath test shows 0.045% BAC — just above the commercial limit.
The defense attorney requests all calibration logs and discovers the portable breath machine had been taken out of service for malfunction weeks later. Additionally, dashcam footage shows minimal lane movement, likely caused by heavy winds. The attorney contests the summary suspension in the administrative hearing, resulting in reinstatement of the CDL. Later, in criminal court, the state agrees to dismiss the DUI due to insufficient reliable evidence.
This type of dual-track defense — fighting in both the administrative and criminal arenas — is essential for CDL holders. Winning in court is not enough if your CDL is still suspended; you have to address both battles from day one.
Protecting Your Career During the Process
If you are a CDL holder, your career depends on keeping your record clean and your license valid. Here’s how an attorney can help protect that:
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Immediate action to request a statutory summary suspension hearing
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Review and challenge every step of the traffic stop and arrest
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Scrutinize chemical test results for accuracy and procedural compliance
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Use of expert witnesses to explain alternative causes of “impairment” symptoms
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Negotiations for reduced charges that do not trigger CDL disqualification
It’s important to remember that employers often have their own reporting requirements. FMCSA rules require that CDL holders notify their employer within 30 days of a traffic violation, including DUI. An attorney can help you manage these communications to avoid unnecessary harm to your job while your case is pending.
Choosing the Right Attorney for a CDL DUI Case
Not every DUI attorney understands the specific risks and rules for commercial drivers. You need someone who knows Illinois DUI law inside and out and also understands how FMCSA regulations apply.
When you meet with a potential lawyer, consider asking:
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Have you defended CDL holders against DUI charges in both court and administrative hearings?
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What’s your experience with Secretary of State hearings in Illinois?
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How do you approach challenging chemical test results?
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What percentage of your CDL DUI cases result in preservation of the client’s license?
The answers to these questions can help you find a lawyer who is prepared to defend both your freedom and your ability to work.
Why The Law Offices of David L. Freidberg Should Be Your First Call
The Law Offices of David L. Freidberg has defended commercial drivers in Chicago, Cook County, DuPage County, Will County, and Lake County for decades. We know how quickly a CDL DUI can derail your career, and we fight hard to stop that from happening. Our defense strategies focus on protecting your license at every stage — from the first hearing with the Secretary of State to the final outcome in criminal court.
We understand the trucking and transportation industry, the demands placed on drivers, and the importance of keeping your record clean. We are available 24/7 to begin protecting your CDL immediately.
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.