Chicago Criminal Lawyer Blog
It’s a scenario that catches many Chicago drivers off guard. You get pulled over, maybe for a minor infraction or no clear reason at all. You’re cooperative. You either pass or decline to take field sobriety tests. You’re not stumbling, you’re not slurring your speech, and you haven’t admitted to drinking. And still—you’re arrested for DUI.
How is that even possible in Illinois? The short answer: officer discretion. The longer answer involves Illinois DUI laws, the subjective nature of police observations, and the serious legal consequences that follow. At The Law Offices of David L. Freidberg, we represent clients throughout Chicago and the surrounding counties who find themselves in this frustrating position. Just because you didn’t fail a test doesn’t mean your case isn’t serious—and it absolutely does not mean you should try to handle it on your own.
Understanding Illinois DUI Law and Arrest Authority
Under 625 ILCS 5/11-501, you can be charged with DUI if you’re in physical control of a vehicle while under the influence of alcohol or any other intoxicating substance that impairs your ability to drive safely. Critically, the statute does not require a blood alcohol concentration (BAC) reading or a failed sobriety test. Illinois law allows officers to arrest you based on what they observe if they believe those observations are sufficient to establish probable cause of impairment.
This creates enormous room for interpretation. Officers often cite signs like red or glassy eyes, the smell of alcohol, fumbling with paperwork, and even nervousness as justification for arrest. These subjective impressions, written in police reports and repeated in court, can form the backbone of the prosecution’s case—even without any measurable evidence of intoxication.
You Can Be Arrested Without a Chemical Test—and It Happens All the Time
Some drivers refuse field sobriety or breath tests. Others are arrested before they even get the chance to take one. Refusal is not illegal in and of itself, but Illinois’s implied consent law under 625 ILCS 5/11-501.1 means you may face automatic license suspension simply for declining chemical testing. And police often argue that a refusal supports their belief that you were impaired.
That doesn’t mean you’ll be found guilty. The criminal case and the administrative license suspension are separate matters. The burden is on the State to prove you were impaired beyond a reasonable doubt—without the benefit of test results. These cases come down to credibility, evidence, and how well your defense attorney can poke holes in the officer’s story.
The Arrest Process and What Comes Next in Chicago
If you’re arrested in Chicago, you’ll likely be charged with a Class A misdemeanor DUI, punishable by up to a year in jail and a fine of up to $2,500. You’ll receive a Notice of Statutory Summary Suspension and a court date. If you have prior DUIs, or if aggravating factors are present—like driving with a child passenger or causing injury—the charges could be upgraded to a felony under 625 ILCS 5/11-501(d).
Once the arrest happens, the criminal justice system moves fast. You’ll be fingerprinted, booked, and possibly held overnight. Your car may be impounded. And if you don’t take quick legal action, your license suspension could become automatic.
What Officers Typically Use to Justify These Arrests
When no tests are failed, officers rely heavily on their own written observations. These might include:
- Odor of alcohol or cannabis
- Slurred or slow speech
- Difficulty retrieving license or registration
- Unusual behavior, such as being overly emotional or non-responsive
Officers are trained to look for “clues” of impairment—but those clues are often inconsistent, non-scientific, and prone to misinterpretation. Someone with a medical condition, fatigue, or simply extreme stress may display some of the same behaviors an officer lists as signs of intoxication.
Unfortunately, the narrative is often skewed to justify the arrest. And once that narrative is locked into a police report, the prosecution will treat it as fact unless aggressively challenged.
Why Fighting These Charges Requires Immediate Action
Many people mistakenly believe that if there’s no breathalyzer or blood test, there’s no case. That’s false. The State can, and often does, move forward with a DUI prosecution based solely on the officer’s testimony. If you miss deadlines—such as the window to challenge your license suspension—or fail to hire the right attorney, your odds of conviction increase dramatically.
At The Law Offices of David L. Freidberg, we immediately examine the traffic stop, the officer’s justification for the stop, and every piece of evidence in the case. We challenge probable cause, question the accuracy of observations, and bring in medical or scientific explanations for what was misinterpreted. We’ve won cases where our clients were arrested without ever failing a test, simply by proving the arrest was not legally justified.
The Importance of Your Criminal Record and the Stakes Involved
DUI convictions in Illinois stay on your record for life. They cannot be expunged or sealed. A first offense may seem manageable, especially if supervision is offered, but it still creates lasting problems. Future employers, background checks, immigration status, and insurance rates are all affected. If convicted again, you’ll face harsher penalties under Illinois’s escalating DUI laws.
The stakes are even higher if you hold a commercial driver’s license (CDL), work in a regulated profession, or are applying for financial aid or government clearance. A DUI on your record—even without failed testing—can derail your plans and opportunities.
What a DUI Defense Attorney Can Do for You
When your entire case hinges on what an officer says they saw or smelled, a skilled defense attorney can shift the narrative. At our firm, we look for inconsistencies between the officer’s report and any available video or audio. We cross-examine officers at hearings and challenge their training, their procedures, and their credibility.
We also examine whether the traffic stop itself was valid. If the initial stop lacked legal justification, everything that followed—observations, arrest, evidence—could be suppressed. That’s one of the most effective ways to win DUI cases in Illinois when there’s little objective evidence.
Choosing the Right Lawyer in Chicago for Your Case
Not all defense lawyers handle DUI cases the same way. You need someone who not only understands the law but knows how to challenge the kind of weak evidence these cases rely on. The Law Offices of David L. Freidberg has defended thousands of clients accused of DUI across Cook, DuPage, Lake, and Will Counties. We know the courts, we know the judges, and we know how prosecutors approach these charges.
If your case rests entirely on questionable officer observations, we’re the team to fight back.
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.
