Can You Lose Your CDL for a DUI in Your Personal Vehicle in Illinois?

How a Private DUI Arrest Can Destroy a Professional Driving Career in Chicago

For many professional drivers in Chicago, a Commercial Driver’s License (CDL) is their livelihood. Whether you’re hauling freight from the Union Stock Yards area to the South Loop, delivering goods along I-94, or driving charter buses across Cook County, your CDL is your career. But what happens when a DUI arrest occurs while driving your personal car on a night off?

Under Illinois law, a DUI in a non-commercial vehicle can trigger the same disqualification penalties as if it occurred in a tractor-trailer. The Illinois Secretary of State and federal transportation regulations impose mandatory suspensions and permanent bans for certain violations. A single arrest in your private vehicle can set off a chain of administrative and criminal penalties that threaten your ability to earn a living.

At The Law Offices of David L. Freidberg, we’ve defended countless CDL holders across Chicago and surrounding counties facing this exact scenario. The key to protecting your CDL lies in understanding both the criminal DUI process under 625 ILCS 5/11-501 and the CDL disqualification rules under 625 ILCS 5/6-514. Losing one battle can cost you your entire career — but with the right defense, both can be fought effectively.

Why Illinois Punishes CDL Holders More Harshly

Illinois law is unforgiving when it comes to commercial drivers. State and federal regulations require CDL holders to maintain higher standards than ordinary drivers. Even off-duty conduct can trigger disqualification because CDL holders are considered professional operators trusted with public safety.

The law distinguishes between two systems:

The criminal DUI case, handled in court under 625 ILCS 5/11-501.
The administrative disqualification, enforced by the Illinois Secretary of State under 625 ILCS 5/6-514.

Here’s how they interact:

A first DUI conviction — even in your personal car — automatically disqualifies your CDL for one year.
A second conviction or chemical test refusal results in lifetime disqualification.
The one-year ban applies even if the DUI offense occurred in a private car and even if your CDL was not used at the time.

Illinois also mirrors federal law (49 CFR §383.51), which requires all states to apply disqualification standards uniformly. That means even an out-of-state DUI will count toward Illinois disqualification.

Additionally, CDL holders cannot receive court supervision for DUI. A non-CDL driver might avoid conviction through supervision, but commercial drivers are excluded by law. As a result, conviction is nearly permanent — there’s no expungement or sealing of a DUI in Illinois.

For many in Chicago’s transportation industry, this is devastating. A CDL driver who supports a family by operating trucks, buses, or delivery vans can lose all work privileges from a single evening traffic stop.

How a DUI Case Begins and What Happens After Arrest in Chicago

A DUI case often begins with a routine traffic stop. Chicago police, Illinois State Police, and suburban departments patrol heavily along expressways like I-90/94, I-55, and arterial roads through Cook and DuPage Counties.

After observing a traffic violation, an officer may ask questions and check for signs of impairment. If they suspect intoxication, you may be asked to perform Standardized Field Sobriety Tests (SFSTs) — including the walk-and-turn and one-leg stand. You may then be asked to submit to a Preliminary Breath Test (PBT) roadside.

If the officer believes probable cause exists, you’ll be arrested and transported to the district station for a chemical breath test or, if necessary, a blood draw. At this point, the officer completes a sworn report sent to the Secretary of State, triggering a statutory summary suspension that automatically takes effect on the 46th day after notice.

For CDL holders, this is critical. Even if you were off duty, this summary suspension counts as a disqualification event. A one-year CDL suspension begins immediately and continues unless a rescission hearing is filed and won in court.

The court process follows standard Illinois criminal procedure:

Arraignment where formal charges are entered.
Discovery where the defense reviews police reports, video, and test data.
Motions to suppress evidence, challenge probable cause, or contest test reliability.
Trial or plea negotiation.

A Chicago DUI lawyer experienced with CDL cases will focus on the legality of the stop, the reliability of testing, and compliance with Illinois Administrative Code Title 20 Part 1286 (which governs breath testing).

A mistake in calibration, recordkeeping, or probable cause can result in suppression of evidence — often leading to dismissal or reduction of the charge to reckless driving.

Fictional Example: A Chicago CDL Driver’s Case

Imagine a CDL driver from the South Shore neighborhood who works for a regional freight company. One weekend, while driving home from a friend’s barbecue, he is stopped near the intersection of 79th Street and Stony Island Avenue for failing to signal a turn. The officer reports the smell of alcohol and requests field tests. The driver, feeling nervous, performs poorly. A breath test later shows a BAC of 0.08%.

The driver is charged with DUI under 625 ILCS 5/11-501(a)(1), a Class A misdemeanor. The officer’s sworn report triggers an automatic summary suspension. His employer suspends him pending the outcome.

Our firm immediately filed a petition to rescind the suspension and subpoenaed all breath testing and calibration records. We discovered that the breathalyzer was due for recalibration three days prior to use — a direct violation of state maintenance standards.

At the rescission hearing, the judge agreed the state failed to meet its burden. The suspension was lifted. We then negotiated with the prosecutor to amend the DUI to reckless driving. The client completed alcohol education but kept his CDL and returned to work.

This type of defense outcome requires fast legal intervention. Without challenging the paperwork or the testing procedure, that driver’s career would have ended.

Evidence and Investigative Tactics Used in CDL DUI Cases

Prosecutors and law enforcement rely on both physical and testimonial evidence to build their case. Common elements include:

Officer observations such as slurred speech, odor of alcohol, or bloodshot eyes.
Results of field sobriety tests.
Breathalyzer or blood test results.
Dashcam and bodycam video footage.
Statements made by the driver during the stop or booking process.

In CDL-related cases, additional evidence may include employment records showing that the driver operates commercial vehicles and federal motor carrier compliance documents.

A defense attorney must analyze every detail of this evidence. For instance, dashcam footage may contradict the officer’s description of the driver’s balance or demeanor. A faulty mouth-alcohol issue or residual alcohol from mouthwash could distort BAC readings.

An experienced Chicago criminal defense lawyer understands how to attack these elements effectively. A weak chain of custody, an unqualified breath test operator, or missing maintenance logs can destroy the state’s case.

Legal Defenses That Can Protect Your CDL

While every case differs, several legal defenses commonly succeed in CDL-related DUIs:

Unlawful traffic stop: The officer lacked reasonable suspicion to initiate the stop.
Improper testing procedure: The breathalyzer was not calibrated or the operator unlicensed.
Medical or physiological defenses: Acid reflux, diabetes, or medication can cause false BAC readings.
Violation of rights: Failure to properly read the “Warning to Motorist” under 625 ILCS 5/11-501.1(c).
Evidentiary inconsistencies: Video contradicts field test performance or police reports.

Because Illinois CDL law imposes strict penalties even for administrative findings, your attorney must fight both in court and before the Secretary of State. Winning one proceeding but losing the other still results in CDL loss.

Why You Need an Experienced Chicago Criminal Defense Lawyer

The difference between saving or losing your CDL often comes down to representation. CDL drivers cannot afford to experiment with self-representation or court-appointed counsel unfamiliar with license disqualification law.

At The Law Offices of David L. Freidberg, our firm has decades of courtroom experience defending commercial drivers. We understand both the criminal and administrative processes, and we’ve appeared before Illinois Secretary of State hearing officers across the state. We know the technical aspects of DUI law, from breath testing science to federal DOT reporting requirements.

Our clients include truck drivers, bus operators, delivery drivers, and municipal workers who rely on their CDL for employment. We fight to minimize disruption to their lives and keep their driving record intact.

We handle every stage — from the initial arrest review to the reinstatement hearing — ensuring no step is missed. Our goal is always the same: protecting your license, your livelihood, and your future.

CDL DUI FAQs for Chicago and Illinois Drivers

If I was off duty, can they still take my CDL?
Yes. The law does not distinguish between personal and commercial driving. A DUI in your private car counts the same as one in a tractor-trailer.

Can I drive my personal car while my CDL is suspended?
If your regular driver’s license privileges are also suspended due to the same DUI, you cannot drive any vehicle until reinstated. Some drivers may qualify for a restricted permit, but not for commercial use.

What happens if I refuse the breath test?
Refusing a chemical test triggers a statutory summary suspension under 625 ILCS 5/11-501.1, and for CDL holders, it counts as a disqualifying offense.

Can a CDL driver get court supervision for DUI?
No. Illinois prohibits court supervision for any CDL holder convicted of DUI, even if the offense occurred in a private vehicle.

Does a reckless driving plea save my CDL?
In some cases, yes. A negotiated reduction to reckless driving removes the alcohol element, which may protect your CDL. However, results vary based on your driving record and the prosecutor’s discretion.

How long does a DUI stay on record?
A DUI conviction is permanent in Illinois and cannot be sealed or expunged.

Can I get my CDL reinstated after a lifetime disqualification?
Possibly after ten years, but only with proof of rehabilitation and approval by the Secretary of State. Legal representation is essential for this process.

Will my employer find out about my DUI arrest?
Most commercial carriers receive notice through the CDLIS database and federal reporting requirements. You are typically required to self-report within 30 days.

Can I drive out of state with a suspended CDL?
No. Disqualifications are entered into national systems that apply in all 50 states.

How soon should I hire a lawyer after arrest?
Immediately. Deadlines for requesting a hearing or rescinding the suspension begin upon arrest, not conviction.

Call The Law Offices of David L. Freidberg

If you hold a CDL and have been arrested for DUI anywhere in Chicago or the surrounding suburbs, your career and your future are at risk. The Illinois Secretary of State does not make exceptions, and employers rarely wait for lengthy court outcomes. The sooner you act, the better your chance of saving your license.

At The Law Offices of David L. Freidberg, we fight aggressively to protect CDL drivers from DUI convictions and disqualifications. We handle cases in Cook County, DuPage County, Will County, and Lake County and have a long history of success before both the courts and administrative hearing officers.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic 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.