It’s one of the most common mistakes people make after getting arrested for DUI in Chicago: they assume that because they were charged, they must be guilty. Whether you failed a breath test, admitted to drinking, or just want to get it over with, it might feel easier to plead guilty and move on. But the truth is, that decision could cost you your freedom, your license, your career, and your future.
At The Law Offices of David L. Freidberg, I have spent decades helping people in your position fight back—successfully. Even when the odds seemed stacked against them. If you’ve been charged with DUI in Illinois, the first and most important step is to stop assuming and start defending.
DUI in Illinois Is a Legal Charge—Not a Conviction
It’s easy to feel defeated after being arrested. Maybe the officer said you “failed” a test. Maybe you were told your BAC was over the legal limit. But those are just allegations. Under Illinois law, you are presumed innocent until the prosecution proves your guilt beyond a reasonable doubt.
That’s not just a saying—it’s the cornerstone of how criminal cases work in our state. You have legal rights at every stage, and law enforcement must follow specific procedures to build a case against you.
In DUI cases, the law that governs the charges is 625 ILCS 5/11-501. This statute allows police and prosecutors to charge you with DUI if they believe:
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You drove with a BAC of 0.08% or more,
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You were impaired by alcohol, drugs, or both,
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You had any amount of certain drugs (like cannabis or methamphetamine) in your system while driving,
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Or your driving behavior was unsafe due to intoxication.
However, charging someone is not the same as convicting them. Every part of the process—from the stop to the arrest to the testing—can be challenged. And if any part of that process was flawed, the charges might not stick.
The Police Don’t Get the Final Say
Many of my clients come to me after being told by an officer that they “failed” field sobriety tests or blew over the limit. They assume that if the police said it, it must be true.
But law enforcement officers are not prosecutors or judges. They often make arrests based on subjective impressions, which can be wrong. They’re not trained to evaluate medical conditions, fatigue, or other factors that might affect your coordination or speech. Field sobriety tests themselves are not foolproof and can be misinterpreted.
Breathalyzers, too, are not infallible. Even if your BAC was above .08, that doesn’t automatically mean the test will hold up in court. The machine must be certified, maintained properly, and operated by a trained officer. If the calibration is off, or the test was done too soon or too late after driving, the results might be invalid.
A Guilty Plea Is Permanent—And Avoidable
In Illinois, pleading guilty to a DUI is serious business. For a first offense, you’re facing:
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A Class A misdemeanor
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Up to 364 days in jail
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A fine of up to $2,500
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A six-month to one-year driver’s license suspension
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Mandatory DUI classes and evaluation
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Possible ignition interlock device
If this is your second or third offense, or if there were aggravating factors—such as a child passenger, an accident, or a suspended license—you could be looking at felony charges, mandatory jail time, and long-term license revocation.
Worse, a DUI conviction cannot be sealed or expunged in Illinois. It stays on your record for life. That means employers, landlords, insurance companies, and even colleges will see that conviction every time they run a background check.
Pleading guilty might seem like the easy way out—but it often creates more problems than it solves.
Your Case Might Be More Defensible Than You Think
I’ve had clients come to me absolutely certain they were guilty—only to walk out of court with a dismissed case or reduced charge. How?
Because DUI cases involve technicalities that can make or break the state’s case.
For example:
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If the traffic stop was unconstitutional (lacking probable cause), all evidence gathered after the stop can be suppressed.
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If the officer’s training was incomplete or expired, test results may not be admissible.
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If the field sobriety tests were conducted on an uneven surface or in poor lighting, the results are unreliable.
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If the breathalyzer wasn’t properly maintained, the entire chemical test can be thrown out.
Illinois courts take these issues seriously. That’s why it’s critical to have a defense attorney who knows where to look for problems in the case.
The DUI Court Process in Illinois Is Complex
After an arrest, your case will go through several phases, starting with the initial hearing or arraignment, where the charges are formally presented. Then comes the discovery phase, where the prosecution must turn over evidence to the defense. This can include:
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Dash cam and body cam footage
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Breath test records
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Officer notes and reports
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Witness statements
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Audio from the arrest
Your attorney will review all of this to determine whether your rights were violated and whether the evidence is legally sound. If not, they can file pretrial motions to suppress or exclude that evidence.
Eventually, your case may proceed to a bench trial (heard by a judge) or a jury trial, depending on what’s in your best interest.
Without an attorney, you’re unlikely to know whether the evidence against you is flawed or inadmissible. You could end up with a conviction when you had a winning defense available all along.
The Hidden Costs of a DUI Conviction
Beyond the obvious criminal penalties, DUI convictions carry a host of collateral consequences that can affect your life for years. These include:
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Loss of your current job or professional license
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Difficulty getting hired in the future
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Increased auto insurance rates—sometimes doubling or tripling
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Restrictions on travel to countries like Canada
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Denial of housing applications
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Problems with child custody or immigration status
All of these are avoidable if your case is resolved without a conviction. That’s why you should never assume you’re out of options.
What a Criminal Defense Lawyer Can Actually Do For You
At The Law Offices of David L. Freidberg, I take DUI defense seriously. From the moment you call, I start working to protect your license and build your defense. That includes:
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Contesting the Statutory Summary Suspension of your license
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Reviewing all test results for errors or procedural violations
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Interviewing witnesses and subpoenaing dash cam footage
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Filing motions to suppress any illegally obtained evidence
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Negotiating with the State to seek reduced charges or supervision
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Taking your case to trial when necessary
Because I work in Cook, DuPage, Lake, and Will counties regularly, I understand how local prosecutors and judges think. That insight makes a big difference when deciding how to fight the case or pursue alternatives.
When Should You Call a Lawyer?
Immediately. Certain deadlines apply to your DUI case in Illinois. You only have 90 days to file a petition to rescind your license suspension. Miss it, and you’ll lose your license—sometimes even if you beat the criminal charge.
You also need legal counsel to represent you in court, manage pretrial negotiations, and advise you on whether to take a plea or go to trial. Without someone protecting your rights, you’re at the mercy of the system.
Why So Many DUI Cases in Illinois Are Beatable
DUI cases are not easy wins for the prosecution. They require strict compliance with police procedure, careful documentation, and reliable evidence. When the state fails to meet those standards, the case can fall apart.
And it happens more often than people think. Officers make mistakes. Equipment breaks down. Witnesses give conflicting testimony. Cases are dismissed every day in Chicago and the surrounding counties because the defense attorney knew what to challenge and how.
Don’t Throw Away Your Chance to Fight
You have the legal right to defend yourself against DUI charges. Don’t let fear, embarrassment, or a misguided sense of guilt stop you from using it.
The police may have made you feel like the case was over—but it’s not. Every detail can be reviewed. Every assumption can be tested. Every piece of evidence can be challenged.
You owe it to yourself to explore those possibilities.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
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.