For anyone arrested on suspicion of drunk or drugged driving in Chicago, one of the first things you’ll be forced to deal with—often within days—is the automatic license suspension issued by the Illinois Secretary of State. Most people are blindsided by it because the license suspension comes into play before a criminal conviction ever happens.
This administrative action is entirely separate from your criminal court case. Each process requires its own defense strategy, timeline, and legal arguments. At The Law Offices of David L. Freidberg, I represent clients at both stages—from the very first petition to challenge the license suspension to fighting for a dismissal or reduced charge in criminal court.
Many clients are stopped late at night in neighborhoods like River North, Pilsen, or along Western Avenue. Regardless of where you were arrested in the city or Cook County, understanding what happens next can make the difference between a clean record and a life-altering conviction.
What Triggers the DUI Administrative Suspension in Illinois?
Illinois law imposes a Statutory Summary Suspension on your license if you either:
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Refuse to submit to a breath, blood, or urine test at the police station after your DUI arrest, or
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Fail the chemical test (with a BAC of .08 or above)
This automatic suspension is authorized under 625 ILCS 5/11-501.1, and it kicks in 46 days after your arrest, unless you contest it in court. Importantly, this suspension occurs regardless of whether you are found guilty of DUI in the criminal court system.
Your attorney must file a Petition to Rescind this suspension immediately. If filed correctly, this petition triggers a civil hearing where you can challenge the officer’s actions leading up to the arrest.
The Legal Issues at an Administrative Hearing
In an administrative hearing, the judge considers very narrow legal questions, including:
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Did the officer have reasonable grounds to believe you were under the influence?
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Were you properly warned about the consequences of refusing or failing testing?
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Did you actually refuse or fail a test?
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Were you lawfully arrested?
This hearing is civil, not criminal. You don’t face jail time here. But the consequences are significant: losing your driving privileges, even with no DUI conviction. That can affect your job, parenting responsibilities, and daily life.
The Criminal DUI Case: Prosecuted by the State
On the criminal side, you’ll face DUI charges under 625 ILCS 5/11-501 in a Chicago courtroom such as the Daley Center, 555 W. Harrison, or 26th and California. Here, the prosecution must prove that you committed a crime by operating a motor vehicle while under the influence of alcohol, drugs, or a combination.
You are entitled to a presumption of innocence and a full defense. You have the right to:
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Confront your accuser
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Demand all evidence
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Suppress unlawfully obtained statements or tests
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Challenge the credibility of police witnesses
This case is prosecuted by the Cook County State’s Attorney or another county’s office if you were arrested in a suburb. Punishments vary:
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First-time DUI (Class A misdemeanor): Up to 364 days in jail, up to $2,500 in fines, mandatory alcohol classes, and a criminal record
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Aggravated DUI (felony): Mandatory minimum prison time in some cases, up to 30 years depending on circumstances
The criminal court process can take months and involves multiple court appearances, motions, and possibly trial.
Why You Must Act Quickly: 30 Days to Save Your License
One of the biggest mistakes I see is when people wait too long after arrest to contact a lawyer. If you don’t file a petition to fight your license suspension within 30 days of your first court date, you lose your chance to contest it.
That suspension stays in place—even if you are found not guilty of the DUI later. In other words, you can be completely acquitted of the crime and still lose your license if you don’t take quick action.
Realistic Fictional Case: Arrest Near Humboldt Park with Defenses on Both Fronts
Imagine this scenario: A driver is pulled over for allegedly swerving near North Avenue and California in Humboldt Park. The officer claims there’s a strong smell of cannabis and notes slurred speech. The driver refuses chemical testing. The officer files the paperwork for a Statutory Summary Suspension and criminal DUI charge.
At the administrative hearing, I cross-examine the officer and reveal that the arrest report contains two different BAC entries—one showing “refused,” the other showing “0.00.” The judge finds this inconsistent and rescinds the suspension.
In the criminal case, the prosecutor lacks chemical evidence, and bodycam footage shows the driver speaking clearly. The officer’s claim of slurred speech doesn’t match the video. The case is reduced to reckless driving and the client avoids a criminal DUI record.
Key Legal Differences Between Administrative and Criminal DUI Proceedings
The two systems—administrative and criminal—operate under very different rules:
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The burden of proof is lower in the civil hearing (preponderance of the evidence) compared to the criminal court (beyond a reasonable doubt).
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The standard of evidence is more flexible in administrative hearings. The officer’s sworn report may be sufficient, unless challenged effectively.
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The judge in an administrative hearing makes the decision alone. No jury is involved.
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The issues considered in each forum are different. Administrative court focuses on procedural legality. Criminal court looks at impairment and guilt.
Each one must be fought independently, and each requires a unique legal strategy. That’s where experienced legal counsel becomes essential.
How Evidence Is Used Differently in Each Forum
The same police report, dashcam footage, field sobriety results, and breathalyzer readings may be used in both cases—but their relevance and weight can vary.
For example:
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In criminal court, a poorly administered field sobriety test can be discredited to show lack of impairment.
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In an administrative hearing, a refusal to test may carry more weight, since it’s viewed as non-compliance with implied consent laws.
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Officer mistakes or inconsistencies are critical to both, but the criminal court requires a higher standard to convict.
Common Legal Defenses That May Apply
Whether you’re challenging your suspension or fighting the criminal charge, several legal defenses may be available:
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Lack of probable cause for the stop
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Improper or missing statutory warnings
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Inaccurate or misused breathalyzer equipment
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Medical conditions mimicking impairment
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Unreliable field sobriety testing
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Violation of your constitutional rights
It takes a careful review of all video footage, records, and sworn testimony to uncover which defenses apply.
Why It’s Not Safe to Plead Guilty or Handle This Alone
People often underestimate the long-term impact of a DUI conviction. A guilty plea may seem like the fastest way out—but it puts a criminal offense on your record that cannot be sealed or expunged in Illinois. It affects background checks for employment, security clearances, and travel visas.
Even the administrative hearing can have lasting effects. A 12-month license suspension can lead to missed work, lost wages, and additional legal headaches.
Without experienced representation, you’re unlikely to catch the procedural mistakes or make the legal arguments that could win your case.
What Makes a Great DUI Defense Attorney in Illinois?
Choosing the right lawyer means looking for someone who:
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Has years of trial experience with DUI cases specifically
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Knows the local court system, prosecutors, and judges
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Personally handles your case instead of passing it to a junior associate
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Is available for quick action (especially within 30 days)
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Explains every step of the process clearly and keeps you informed
The Law Offices of David L. Freidberg checks every one of those boxes.
What You Should Ask During a Free DUI Consultation
When you meet with a DUI defense attorney, don’t just ask how much they charge. Ask:
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What’s your process for challenging the license suspension?
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Will you personally be handling my case in court?
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What strategies do you use to challenge breath test results?
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How familiar are you with the judges at Daley Center or 26th & California?
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What is your track record in having DUI charges reduced or dismissed?
These questions reveal how involved and strategic the attorney will be in fighting your case.
Illinois DUI Defense FAQs: Chicago Administrative Hearings and Criminal Process
How long do I have to file a petition to fight my license suspension?
You must file a Petition to Rescind your Statutory Summary Suspension within 90 days of your notice—but it’s best to do so before or at your first court appearance to ensure the court holds the hearing within the required 30-day period.
Can I lose my license even if I win the criminal DUI case?
Yes. The administrative license suspension is a separate civil matter. If you do not challenge it or lose the hearing, you can still have your license suspended even after a “not guilty” verdict in the criminal case.
Can I still drive during the suspension?
Yes, many drivers qualify for a Monitoring Device Driving Permit (MDDP), but you must install a BAIID (breath device). Repeat offenders or those with prior DUIs may not qualify.
Do I need to appear in court for the administrative hearing?
Yes, it’s typically held in the same court as the criminal case, often in front of the same judge, but it is handled separately. Your lawyer should represent you at this hearing and challenge the procedural legality of the suspension.
How long will a DUI stay on my record in Illinois?
DUI convictions in Illinois cannot be sealed or expunged. That’s why it’s essential to fight the charge with the strongest possible defense.
Will my insurance go up if I lose the hearing?
Yes. Even the license suspension can trigger insurance hikes, especially if the suspension is visible to insurers during your renewal period.
Is there any benefit to winning the administrative hearing if I still have to go to court?
Absolutely. Winning the administrative hearing preserves your driving privileges, and it may also reveal weaknesses in the officer’s testimony that can be used later in your criminal defense.
Call a Trusted Chicago DUI Defense Attorney Now Before It’s Too Late
Don’t wait until your court date is just days away. The clock starts ticking the moment you’re arrested for DUI in Illinois. You must act fast to protect your license and build a defense against the criminal charges.
At The Law Offices of David L. Freidberg, I offer aggressive, experienced DUI defense in Chicago, Cook County, DuPage County, Lake County, and Will County. Whether your case began on the Eisenhower Expressway or during a late-night traffic stop in Uptown, I’ll take immediate steps to challenge the evidence and fight for the best possible outcome.
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.