A DUI arrest can feel overwhelming, especially when it begins with a traffic stop that doesn’t seem fair or justified. In Chicago, law enforcement officers are required to follow specific legal procedures before pulling over a driver and conducting an investigation for driving under the influence. But all too often, those procedures are ignored or stretched beyond their lawful limits. If you’ve been charged with DUI and believe the stop was illegal, you need to know your rights and how a skilled attorney can help fight back.
Illinois law requires police to have either probable cause or reasonable suspicion before stopping a vehicle. This standard comes from both the Fourth Amendment to the U.S. Constitution and Illinois case law interpreting those protections. Reasonable suspicion is a lower standard than probable cause, but it still requires a factual basis. An officer must be able to point to specific, observable facts—not just a vague feeling or hunch—that suggest a law has been broken or is in the process of being broken.
One of the most common justifications for DUI stops is the alleged commission of a minor traffic violation. Chicago police frequently cite claims such as improper lane usage, failure to use a turn signal, or rolling through a stop sign. While any of these may support a stop if they actually occurred, many are exaggerated or nonexistent. Officers sometimes rely on these claims as pretexts to initiate stops based on a driver’s appearance, neighborhood, or time of day.
Under 625 ILCS 5/11-501, it is a criminal offense to operate a motor vehicle while impaired by alcohol, drugs, or intoxicating compounds. For a first-time offender, a DUI is typically charged as a Class A misdemeanor, which carries up to one year in jail, a fine of up to $2,500, and driver’s license suspension. However, if someone is injured, if a child is in the vehicle, or if the driver has prior convictions, the charge can be escalated to a felony. A second DUI offense within 20 years can result in mandatory minimum jail time and extended license revocation.
The foundation of every DUI case is the traffic stop. If the stop was invalid, the rest of the case may collapse. When an officer initiates a stop without a legitimate reason, everything that happens afterward—including observations of intoxication, field sobriety tests, and chemical testing—can be challenged and potentially thrown out. This is known as the “fruit of the poisonous tree” doctrine. It means that if the stop was unconstitutional, the evidence obtained as a result cannot be used in court.
Chicago’s DUI enforcement efforts are aggressive and widespread. From Wicker Park to Hyde Park, and from the North Side to the South Side, law enforcement agencies conduct DUI patrols every weekend. These often target high-traffic areas and neighborhoods with popular nightlife scenes. But even during these initiatives, officers are still bound by constitutional standards. They cannot stop a driver unless they can clearly articulate why they believed a law was being broken.
Sobriety checkpoints are also common in Cook County, particularly during holidays and special enforcement campaigns. While checkpoints are permitted under Illinois law, they must be carefully planned and executed. Officers must follow a predetermined formula for stopping cars, and they cannot stop drivers arbitrarily. If a DUI arrest results from a checkpoint that fails to meet these legal standards, the arrest can be challenged and the charges dismissed.
Once a DUI arrest occurs, the clock starts ticking. You’ll face both administrative and criminal penalties. Under Illinois’ statutory summary suspension law, your driver’s license may be suspended automatically 46 days after your arrest unless you file a petition to challenge the suspension. This is separate from the criminal case and must be handled quickly. At the same time, the criminal case moves forward, with court dates, pretrial motions, and potentially a trial. At every stage, your attorney has an opportunity to challenge the legality of the stop and the procedures that followed.
The Illinois criminal process begins with your arraignment, where you are formally charged and given a chance to enter a plea. Your attorney will use this time to request discovery, review the evidence, and begin building a defense. One of the first things your attorney will examine is the basis for the traffic stop. If the police report or dashcam footage reveals that no violation occurred—or that the officer’s observations were not supported by fact—your attorney can file a motion to suppress the evidence.
If the judge grants the motion, key evidence may be excluded. Without this evidence, the prosecution often has little choice but to dismiss the case or offer a significantly reduced charge. This is why reviewing the legality of the stop is one of the most important first steps in defending against a DUI charge in Chicago.
Officers will often try to justify questionable stops by claiming nervous behavior, quick lane changes, or slow reactions as reasons to investigate further. But none of these are sufficient without some observable violation. Video evidence, witness testimony, and cross-examination of the officer’s statements can all be used to expose these weak justifications.
A DUI conviction doesn’t just mean fines and court supervision. It can mean the loss of your job, your driver’s license, and your future opportunities. Insurance rates skyrocket. Professional licenses may be put at risk. A criminal record can follow you for life. That’s why it’s essential to fight the case from the very beginning and to work with an attorney who knows how to challenge illegal stops and hold law enforcement accountable.
The Law Offices of David L. Freidberg has spent decades defending people accused of DUI across Chicago and surrounding counties. Our team understands the pressure that comes with these charges, and we know how to uncover illegal police conduct that could result in your case being dismissed. From challenging traffic stop footage to cross-examining officers about their decision-making, we do everything possible to protect your rights.
If you believe your DUI stop was illegal, don’t plead guilty or accept the consequences without fighting back. Call The Law Offices of David L. Freidberg today to schedule a free consultation.
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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.