A Double-Edged Sword for Your Defense
If you’re facing DUI charges in Chicago, there’s a good chance the entire stop, field sobriety testing, and arrest were recorded by a police officer’s body-worn camera. While some people see body cam footage as damning, the truth is far more complicated. When reviewed carefully by an experienced DUI defense attorney, this video evidence can often work in your favor—exposing procedural errors, exaggerations, and constitutional violations.
At The Law Offices of David L. Freidberg, we’ve spent years scrutinizing body cam footage to protect clients charged with DUI offenses throughout Cook County and beyond. The outcome of your case may depend not just on what the officer claims, but what the camera actually shows.
Body Cam Requirements in Illinois and What They Mean for DUI Defendants
In Illinois, all uniformed law enforcement officers who are issued body cameras must use them during any law enforcement-related encounter, including DUI stops. The state passed the Law Enforcement Officer-Worn Body Camera Act (50 ILCS 706/10-20), which mandates that officers activate their cameras when responding to calls or during law enforcement actions such as traffic stops, searches, and arrests.
Chicago Police Department policy echoes that requirement and extends it, requiring officers to begin recording as soon as they initiate a stop and to continue recording until the stop is over.
This means that if you were pulled over on the Kennedy Expressway or stopped near Hyde Park or Logan Square on suspicion of DUI, there is likely a full video record of the encounter—how you spoke, how you moved, and how the officer conducted the investigation. This record can be a cornerstone of your defense if handled correctly.
What We Look for in Body Cam Footage
Body cam video provides far more than just visual evidence. It also preserves audio, facial expressions, officer tone, and the timing of events. As your defense attorneys, we evaluate every element of the footage to uncover inconsistencies and procedural missteps.
Some of the most important issues we watch for include:
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Whether the officer had reasonable suspicion to initiate the traffic stop
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How the officer explained field sobriety tests to you
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Whether instructions were confusing, rushed, or incomplete
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Whether you were physically impaired—or simply tired, nervous, or cold
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Whether the officer maintained professionalism and adhered to protocol
In one recent case, a client was pulled over on Lake Shore Drive late at night. The officer alleged slurred speech, poor coordination, and a failed field sobriety test. But the body cam video told a different story: our client clearly asked appropriate questions, followed directions step-by-step, and remained calm throughout. The officer gave vague instructions and interrupted the tests before they were completed. We filed a motion to suppress based on lack of probable cause. The judge reviewed the footage and agreed, resulting in dismissal of all charges.
This is why it’s critical that your attorney does not rely on the police report alone. The report is written after the fact and may be skewed or vague. The video is real-time, objective, and often tells a very different story.
Illinois DUI Law: Statutes and Consequences You Need to Know
Driving under the influence in Illinois is governed by 625 ILCS 5/11-501. It prohibits operating a motor vehicle:
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With a BAC of 0.08% or higher
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While under the influence of alcohol
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While under the influence of any intoxicating compound that impairs safe driving
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With any amount of a controlled substance in the blood, breath, or urine
A first offense is typically a Class A misdemeanor, carrying a maximum penalty of 364 days in jail and a $2,500 fine. However, if certain aggravating factors are present—such as a passenger under the age of 16, a crash involving injury, or a third or subsequent DUI—it can be charged as a felony. Under 625 ILCS 5/11-501(d), felony DUI carries penalties ranging from one to seven years in prison, depending on the severity of the offense.
What makes body cam evidence so critical is that it can impact whether prosecutors pursue felony enhancements, agree to reduce the charge, or offer court supervision. A clean, calm, respectful performance on camera—especially when contrasted with the officer’s written report—can be the leverage your attorney needs to push for dismissal or a favorable plea deal.
Building a DUI Defense Around Video Evidence
A skilled DUI attorney doesn’t just request the footage—we dissect it. We analyze timestamps, lighting conditions, officer movements, and even body language. The goal is to spot errors that give rise to motions to suppress, dismiss, or limit the state’s evidence.
Here’s how video evidence can become the backbone of a successful defense:
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Unlawful Stop: If the officer lacked a clear reason to pull you over, and the footage doesn’t show any traffic violation, the entire case can fall apart.
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Failed Field Sobriety Tests Due to Non-Impairment Factors: Weather, footwear, nervousness, or uneven terrain can cause someone to “fail” field tests. If the body cam shows you performing reasonably well or the officer giving poor instructions, the tests become unreliable.
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No Obvious Impairment: Some people accused of DUI display no signs of slurred speech, confusion, or motor skill impairment. If the camera shows you were coherent, steady, and polite, that casts doubt on the state’s theory.
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Officer Misconduct or Aggression: Occasionally, the video reveals that an officer treated the suspect unfairly, threatened them, or acted in an intimidating manner that affected the outcome of the investigation.
We have represented clients across Chicago where video evidence led to suppression of breath test results, exclusion of field sobriety test results, or even full dismissal of charges based on procedural violations.
What Happens If the Body Cam Was Not Recording?
If officers violate their own department’s policies or Illinois law by failing to activate their body cams, that doesn’t automatically dismiss your case—but it can still help your defense.
A judge may take the missing footage into account when ruling on a motion to suppress or when assessing the credibility of the officer’s version of events. In some cases, we’ve used the absence of video to question the prosecution’s reliability and gain leverage in negotiations with the State’s Attorney’s Office.
Legal Process After a DUI Arrest in Chicago
Following a DUI arrest, the legal process in Illinois involves multiple stages:
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Bond Hearing – Occurs within 48 hours of arrest.
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Statutory Summary Suspension – Your license is suspended unless you request a hearing.
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Arraignment – You enter a plea.
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Pretrial Motions and Discovery – We file motions to suppress evidence, compel discovery, and request body cam footage.
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Trial – Bench or jury trial where all evidence, including video, is presented.
Throughout each of these stages, you need an attorney with the ability to make compelling arguments and exploit gaps in the prosecution’s evidence. Without aggressive representation, the body cam footage might never even be requested—or worse, may be misunderstood.
Why You Shouldn’t Face DUI Charges Alone
Some people believe that if they performed poorly on a field sobriety test, they’re doomed. Others assume that if they “cooperated” with police, things will go better for them. Unfortunately, both assumptions can lead to disaster.
DUI charges are serious and can’t be taken lightly. If convicted, you face:
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Jail or prison time
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Driver’s license suspension or revocation
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Permanent criminal record
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Higher insurance rates
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Immigration consequences (for non-citizens)
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Employment and professional license impacts
What you need is not just a lawyer—you need a defense strategist. Someone who knows how to get their hands on the video, how to interpret it, and how to use it to protect you.
The Law Offices of David L. Freidberg has a long record of success in DUI cases throughout Chicago and the surrounding counties. We don’t rely on guesswork—we rely on facts, law, and footage.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
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.