As a Chicago DUI lawyer, one of the most common misunderstandings I see among people arrested for drunk driving is the belief that winning the statutory summary suspension hearing means their DUI case is over. That assumption can lead to serious problems.
Let’s be clear: in Illinois, winning the hearing that challenges the automatic suspension of your driver’s license does notmean that your criminal DUI charge is dismissed. These are two separate legal proceedings, handled differently under Illinois law, and they result in different consequences.
In Chicago and throughout Cook County, DUI cases are prosecuted aggressively under 625 ILCS 5/11-501. After an arrest, your case triggers two legal paths: the criminal prosecution, which can result in jail time and a permanent record, and the civil license suspension process handled by the Illinois Secretary of State.
Just because you win the civil hearing and keep your license does not mean the judge will throw out the DUI. The criminal charge continues, and the penalties—whether for a misdemeanor or felony DUI—remain on the table. In fact, you can win the suspension hearing and still be found guilty of DUI. Likewise, you can lose the suspension hearing and later win at trial.
In Chicago neighborhoods like Logan Square, Austin, and Hyde Park, DUI arrests often happen near major roads and highways where police patrol aggressively. When you’re pulled over and arrested for DUI, your life changes immediately. It’s important to know what you’re up against, what the laws say, and why having a Chicago criminal defense lawyer from day one is critical.
Understanding the Criminal DUI Process vs. the Suspension Hearing in Illinois
When you’re arrested for DUI in Illinois, two things happen. First, you’re criminally charged under the Illinois Vehicle Code, and second, you face an automatic driver’s license suspension under the statutory summary suspension law—even if it’s your first offense.
The summary suspension kicks in 46 days after your arrest if you either failed a chemical test (with a BAC of 0.08 or higher) or refused testing altogether. This is a civil penalty, not a criminal conviction. However, it affects your ability to drive and impacts employment, childcare, and your daily life.
To fight the suspension, your DUI attorney must file a Petition to Rescind the statutory summary suspension within 90 days of your arrest. This triggers a hearing—often held in Cook County’s criminal courthouses, including those at 26th & California, Skokie, Bridgeview, or Maywood. The judge will determine whether proper procedure was followed during the stop and arrest.
Winning this hearing stops the license suspension. That’s great news—but it doesn’t erase the criminal DUI charge. That case continues and includes:
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Arraignment: Where the formal charge is read.
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Discovery and motion hearings: Where we review evidence and file constitutional challenges.
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Trial: Before a judge or jury, if the case isn’t dismissed or resolved earlier.
The criminal DUI case is where you’re at risk of being convicted. Even if the court agrees that your license shouldn’t be suspended—for example, because the officer didn’t read you the correct warning or lacked probable cause—you can still be found guilty at trial if there’s enough evidence to prove impairment.
If convicted, DUI penalties under Illinois law include:
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Jail time (even for a first offense)
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Fines and court costs
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Mandatory alcohol education and treatment
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Community service
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Installation of a BAIID device
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A permanent conviction on your record
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Felony status for repeat or aggravated cases
The criminal case is where your future is at stake, and it must be fought with aggressive strategy and precision.
A Realistic Example From a Chicago DUI Case
Let me walk you through a fictional—but realistic—example from the Lincoln Square area in Chicago.
A man is pulled over late at night for allegedly swerving between lanes. The officer claims he smells alcohol and asks the driver to step out. Field sobriety tests are performed on a dark sidewalk. The officer arrests the man for DUI and takes him to the station. He refuses the breath test, triggering a statutory summary suspension.
We quickly file a petition to rescind the suspension, and at the hearing, we argue the officer lacked probable cause. The dashcam footage is dark, but it doesn’t clearly show swerving. The judge agrees. The license suspension is overturned.
However, the state continues with the criminal prosecution. The prosecutor still has the officer’s testimony, the field sobriety test results, and the refusal to submit to testing. The license suspension hearing didn’t erase the arrest. It didn’t change the police report. It didn’t end the criminal case.
We now shift our strategy to the criminal trial—challenging the credibility of the officer’s observations, introducing video evidence, and showing how the field tests were administered incorrectly. We file a motion to suppress key statements made during the arrest due to a Miranda violation.
Eventually, the judge grants our suppression motion, and the state is left without usable evidence. The DUI charge is dismissed. But notice how that outcome required a separate legal process—winning the license suspension hearing was only step one.
Why You Still Need a Criminal Defense Attorney Even After Winning the Hearing
A common mistake I see is when drivers assume that winning the summary suspension hearing means they’re in the clear and don’t need a criminal defense lawyer anymore. That’s simply wrong.
The criminal court system in Cook County and throughout Illinois treats DUI charges seriously—even if your license isn’t suspended. You are still facing prosecution, and the penalties if convicted are severe.
You need a Chicago DUI lawyer to represent you throughout the entire criminal case, not just the suspension hearing. That includes:
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Reviewing the police report and video evidence
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Subpoenaing station recordings and test logs
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Filing pretrial motions to suppress evidence
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Negotiating possible charge reductions or supervision
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Preparing for trial if necessary
Most people don’t realize that even a first-time DUI conviction cannot be expunged or sealed in Illinois. It stays on your record permanently. That’s why we fight for dismissals, reductions to reckless driving, or court supervision that avoids conviction altogether.
Winning the suspension hearing helps. But it’s not the finish line. The criminal case is where the damage is done—or avoided—with the right legal defense.
What Evidence Do Police and Prosecutors Use in DUI Cases?
When building a DUI case in Illinois, law enforcement relies on several types of evidence:
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Officer observations (odor of alcohol, slurred speech, bloodshot eyes)
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Driving behavior (speeding, swerving, improper turns)
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Performance on field sobriety tests
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Results of breath, blood, or urine tests
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Statements made by the driver
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Bodycam and dashcam video
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Police reports and affidavits
In some cases, especially those involving refusal or serious injury, the state may subpoena hospital blood records or expert toxicology analysis.
As a DUI defense lawyer in Chicago, I focus on identifying weaknesses in each piece of evidence. Was the traffic stop legal? Were the field sobriety tests administered properly? Is the breath test machine properly calibrated and maintained? Are there gaps in the video?
Without a lawyer to challenge the state’s version of events, the court will often take the prosecution’s evidence at face value—even if it’s flawed. That’s why it’s essential to have a seasoned defense attorney reviewing every detail of the evidence against you.
Legal Defenses, Attorney Selection, and Free Consultation Questions
There are several defenses we explore in DUI cases:
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Lack of probable cause for the traffic stop
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Improper administration of field sobriety tests
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Inaccurate breathalyzer results due to maintenance issues
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Violation of Miranda rights
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Medical conditions mistaken for intoxication
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Unreliable officer testimony
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No proof of actual physical control of the vehicle
If you’re looking to hire a criminal defense lawyer in Illinois, consider these qualities:
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Extensive courtroom experience in DUI trials
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Deep knowledge of Illinois DUI laws and procedures
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A track record of dismissals and reduced charges
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Regular appearances in Chicago-area criminal courts
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Clear communication, honesty, and accessibility
During your free consultation, ask these questions:
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Have you handled DUI cases in my assigned courthouse?
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What are my chances of avoiding a conviction?
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What legal defenses apply in my case?
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Can you challenge the suspension and the DUI itself?
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How will you investigate and fight the case?
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Will you handle the case personally or assign it to another attorney?
Hiring the right DUI attorney can mean the difference between a lifetime criminal record and walking away without a conviction.
Chicago DUI Defense FAQs
If my license suspension is rescinded, can I still be convicted of DUI in Chicago?
Yes. The civil hearing only affects your driving privileges. The criminal DUI case continues in court and can still result in a conviction, jail time, fines, and a permanent record. You need a Chicago DUI lawyer for both parts of the process.
Is DUI a felony or misdemeanor in Illinois?
A first and second DUI are typically misdemeanors. A third or more, or DUI with aggravating factors (such as injury, child passenger, or no insurance), can be charged as a felony under 625 ILCS 5/11-501.
Can I beat a DUI case without a breath test result?
Yes. Many DUI cases can be dismissed or reduced even without test results. However, prosecutors may use officer testimony and field sobriety test results. A DUI attorney in Chicago can challenge that evidence.
How do I fight a DUI in Cook County courts?
Your lawyer will begin by reviewing evidence, filing motions, and demanding strict proof. If your rights were violated, your attorney may be able to get evidence suppressed or charges dropped.
What is court supervision for DUI in Illinois?
Court supervision allows first-time offenders to avoid a conviction if they meet all court requirements. It’s only available once in your lifetime for DUI.
How long does a DUI stay on your record in Illinois?
Forever. A DUI conviction cannot be sealed or expunged in Illinois. That’s why aggressive legal defense is essential.
Can I lose my job for a DUI arrest in Chicago?
Yes. Some employers take disciplinary action after DUI arrests, especially if your job involves driving, security clearance, or professional licensing. A criminal defense attorney in Chicago can help you avoid a conviction and protect your employment.
What’s the best time to hire a DUI lawyer after arrest?
Immediately. The earlier you involve a Chicago DUI lawyer, the better your chances of protecting your license, preparing your defense, and avoiding conviction.
Why You Need an Attorney and Why You Should Hire The Law Offices of David L. Freidberg
A DUI arrest in Chicago is more than a traffic case—it’s a criminal charge that could stay with you forever. If you win the suspension hearing, that’s a step forward, but it doesn’t end your criminal case.
You still need a powerful defense. You need someone who knows the courts, the prosecutors, and the law. At The Law Offices of David L. Freidberg, we’ve been defending clients accused of DUI throughout Cook County, DuPage County, Will County, and Lake County for years. We fight to keep your record clean, your license valid, and your freedom intact.
We handle every stage of your case—starting with the license suspension hearing and following through to the final verdict or dismissal. Our Chicago DUI lawyers know the local courtrooms, and we build each defense to win.
Why You Need an Attorney and Why You Should Call The Law Offices of David L. Freidberg
DUI charges in Chicago—whether filed as misdemeanors or felonies—carry serious consequences that won’t go away on their own. Weather might explain your driving, but it won’t stop prosecutors from pursuing the case. You need a Chicago DUI attorney who can present evidence, challenge police assumptions, and fight to protect your future.
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.
Don’t gamble with your license, your freedom, or your record.