You Were Arrested for DUI in Chicago. But Did the Police Follow the Law?
DUI arrests in Chicago don’t always follow the rules. And when officers cut corners, it’s your constitutional rights that are on the line. As a criminal defense lawyer in Chicago with decades of courtroom experience, I’ve fought hundreds of DUI cases—and many of them hinged on law enforcement errors.
Illinois DUI law, under 625 ILCS 5/11-501, allows police to arrest a person for operating a vehicle under the influence of alcohol, drugs, or a combination of both. But that law doesn’t give officers free rein to violate your rights. From the moment they pull you over, officers must justify every step—starting with reasonable suspicion.
In a city as large and diverse as Chicago, enforcement can vary dramatically depending on where you’re stopped. The way a DUI is handled in Rogers Park might differ from what happens in Garfield Ridge. That’s why having an attorney who understands the police departments, the prosecutors, and the judges in Cook County is vital.
When law enforcement makes a mistake—whether during the traffic stop, roadside testing, chemical testing, or arrest procedure—your DUI case may be vulnerable to dismissal.
Unlawful Stops: The First Defense Line
A traffic stop is the trigger point for most DUI cases in Illinois. Under People v. Gherna, 203 Ill. 2d 165 (2003), police must have a legally valid reason to pull someone over. Simply “looking suspicious” or driving in a high-arrest zone does not qualify.
Many Chicago DUI cases start with vague claims like “failure to maintain lane” or “unusual driving behavior.” But when we request the dash cam footage or local surveillance video, it often contradicts the officer’s version of events.
In a recent case from the Bronzeville neighborhood, a driver was pulled over after an officer claimed he was weaving. But the dash cam showed he stayed within his lane and was driving under the speed limit. That discrepancy allowed us to file a motion to suppress the traffic stop. Once the judge ruled the stop illegal, all subsequent evidence—including a breath test and police observations—was thrown out.
Field Sobriety Test Misconduct: More Common Than You Think
Field sobriety tests (FSTs) are a key part of many DUI investigations, but they are not scientific. They rely on officer judgment and are often influenced by fatigue, stress, injury, or weather conditions.
In Illinois, officers are supposed to administer these tests under NHTSA guidelines. That means:
-
Explaining the test in a standardized way
-
Demonstrating the movement before asking the driver to perform it
-
Giving clear instructions and making fair evaluations
But officers in the field often skip steps or use unclear language. In one case from Portage Park, a driver was told to begin the walk-and-turn test before the officer finished demonstrating it. The driver failed. But video from a nearby business camera showed the officer’s error. That mistake became central to our defense—and it helped us secure a full dismissal.
Chemical Testing: Breathalyzer and Blood Test Issues
Illinois law requires that all breath test machines be calibrated and maintained according to the administrative rules set forth by the Illinois State Police. Breath machines like the Intox EC/IR II require:
-
Regular calibration checks
-
Use by trained and certified operators
-
Clear observation periods to ensure no contamination (e.g., vomiting or burping)
If those protocols are violated, the test results can be excluded.
A DUI client arrested in Jefferson Park submitted to a breath test at the station. The officer never noted the required 20-minute observation period. Additionally, the logs showed the machine had failed its last calibration check. We subpoenaed maintenance records, introduced them at a suppression hearing, and the BAC result was barred from trial.
Even when clients initially think the breath test means they have no case, we dig deeper. The results are only as reliable as the process used to obtain them.
Criminal Case Process in Illinois DUI Charges
The legal process for DUI cases in Illinois follows a specific sequence:
-
Arrest: You’re taken into custody, processed, and possibly released on bond.
-
Statutory Summary Suspension: Unless you act quickly, your license is automatically suspended 46 days later.
-
Court Hearings: These include arraignment, pretrial motions, and evidentiary hearings.
-
Trial: If the case proceeds to trial, the prosecutor must prove impairment or unlawful BAC beyond a reasonable doubt.
We handle each stage proactively. For example, we file motions to rescind license suspensions, request discovery on breath test equipment, and interview arresting officers. In Cook County and beyond, every detail counts.
Police Credibility Matters
Many DUI cases come down to the officer’s word against the driver’s. That’s why we spend significant time reviewing body camera footage, radio logs, dispatch records, and internal police discipline files.
An officer who’s been reprimanded for prior misconduct may not be a reliable witness. Under Brady v. Maryland, prosecutors are required to turn over exculpatory evidence—including credibility issues with their own officers. When we find this information, it can be a game-changer for your defense.
In one Skokie-area case, a police officer omitted critical facts in his arrest report and had a prior suspension for false statements. Once that information came out, the prosecutor dropped the DUI to a non-criminal moving violation.
How a Defense Attorney Attacks Weak DUI Cases
A Chicago DUI lawyer isn’t just there to show up in court. I act immediately by:
-
Demanding and reviewing all camera footage
-
Analyzing breath test maintenance logs
-
Investigating whether the stop was legally justified
-
Filing motions to suppress or exclude evidence
-
Negotiating with prosecutors for dismissal or reduction
-
Preparing for trial with private toxicology or medical experts when needed
DUI cases are beatable—but not if you plead guilty before examining the evidence. Prosecutors know which attorneys push back and which don’t. My job is to make the case too difficult to prosecute.
Fictional Case: Mistakes Add Up in Lakeview
Let’s take a look at how this might play out in a fictional example from Lakeview:
A man is pulled over near Clark Street after a Cubs game. The officer says he failed to stop at a red light and showed signs of impairment. Field sobriety tests were conducted on an uneven curb. He was arrested and blew a .09 on a breath test.
Once I got involved, we reviewed the body cam footage. The driver did stop for the light, but the officer didn’t activate the camera until after the stop. The curb where FSTs were conducted was visibly sloped. The breath machine had no record of calibration in the prior 45 days.
We filed several motions: one to suppress the stop, one to exclude the test results, and one to strike the officer’s testimony as not credible. The State eventually dismissed the DUI and allowed our client to enter court supervision on a minor traffic violation instead.
DUI Law FAQs
Can police legally pull me over at a DUI checkpoint in Illinois?
Yes, but DUI checkpoints must follow specific guidelines: they must be publicly announced in advance, neutral in how cars are selected, and operated in a safe, visible manner. If police fail to follow those rules, the checkpoint could be ruled unconstitutional.
What happens if my DUI case is dismissed—does the arrest stay on my record?
Even if your DUI is dismissed, the arrest still appears on your record unless you take action. Illinois allows for expungement or sealing in dismissed cases. We help clients file for expungement to clear their name.
Will I automatically lose my license if I’m arrested for DUI?
Not automatically, but close. The State will suspend your license through a Statutory Summary Suspension. You have 90 days from the arrest to request a hearing to contest the suspension. If we win that hearing, your license stays valid while your criminal case proceeds.
Is it worth fighting a first-time DUI in Chicago?
Absolutely. A first offense might seem minor, but it has serious long-term consequences—higher insurance, employment issues, and a criminal record. Even if you think the case is strong, a lawyer can often identify legal or procedural flaws that lead to dismissal or reduction.
Do I have to answer questions if I’m pulled over and suspected of DUI?
No. You have the right to remain silent. You must provide your license and insurance, but you are not required to answer questions about drinking, where you’ve been, or anything else. It’s best to remain polite but decline to answer until you have an attorney.
When You Need a Fighter, Call Us!
Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.
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.