It’s a moment that rattles thousands of Chicagoans every year—you’re pulled over on Lake Shore Drive or near I-290, and after a few words with the officer, you’re asked to blow into a handheld breathalyzer. The beep, the wait, and then the officer says, “You’re over the limit.”
But does that really mean you’re guilty?
When someone is pulled over and charged with DUI in Chicago, the first consequence often isn’t a conviction—it’s the immediate threat of losing your driving privileges. Under Illinois law, a DUI arrest triggers an automatic civil penalty called a Statutory Summary Suspension. For many, this happens before their criminal case even gets going. It’s an aggressive process, and without quick legal action, you could find yourself unable to drive for months or even years.
Let’s take a closer look at what this suspension means, what your rights are, and how an experienced Chicago DUI defense attorney can challenge it in court and protect your license.
Driving under the influence is one of the most aggressively prosecuted charges in Chicago and across Cook County. But not every DUI arrest is based on a lawful stop or justified arrest. As a Chicago DUI defense lawyer with decades of courtroom experience, I can tell you this: if the officer had no probable cause to stop your vehicle or make an arrest, your entire case may collapse before it even reaches trial.
Whether you were pulled over in Logan Square, stopped near Soldier Field, or arrested after leaving a restaurant in West Loop, you still have constitutional rights. Those rights begin the moment an officer engages you. And in many DUI cases, police officers act too quickly or arrest without having the required facts. That’s where a skilled defense attorney steps in.
DUI arrests in Chicago don’t always follow the rules. And when officers cut corners, it’s your constitutional rights that are on the line. As a criminal defense lawyer in Chicago with decades of courtroom experience, I’ve fought hundreds of DUI cases—and many of them hinged on law enforcement errors.
Illinois DUI law, under 625 ILCS 5/11-501, allows police to arrest a person for operating a vehicle under the influence of alcohol, drugs, or a combination of both. But that law doesn’t give officers free rein to violate your rights. From the moment they pull you over, officers must justify every step—starting with reasonable suspicion.
Being charged with a crime in Chicago or anywhere in Illinois is not just a legal issue—it’s a life-changing event. The consequences extend beyond the courtroom into your job, family, finances, and future. If you’re headed for trial in Illinois, understanding what lies ahead is critical to protecting yourself.
I’m David L. Freidberg, a Chicago criminal defense lawyer with decades of trial experience. From misdemeanors like shoplifting and simple battery to serious felonies such as gun crimes, drug trafficking, and aggravated assault, I’ve represented clients in Cook, Lake, DuPage, and Will Counties. Let me walk you through what to expect if your case goes to trial—and why the lawyer you choose can shape the outcome.
As a DUI lawyer based in Chicago, I often speak with drivers from neighborhoods like Logan Square, Bridgeport, and Hyde Park who are terrified after a DUI arrest—especially about the fate of their license. In Illinois, a DUI arrest can put your driving privileges in serious jeopardy long before you ever see a courtroom. But just how long do you lose your license after a DUI?
The answer depends on two separate tracks: the Statutory Summary Suspension of your license by the Illinois Secretary of State and the outcome of your criminal DUI case in court. Both have distinct timelines and consequences. Let’s walk through what typically happens, what you can do to protect your license, and why working with a seasoned DUI defense attorney in Chicago can make all the difference.
For anyone arrested on suspicion of drunk or drugged driving in Chicago, one of the first things you’ll be forced to deal with—often within days—is the automatic license suspension issued by the Illinois Secretary of State. Most people are blindsided by it because the license suspension comes into play before a criminal conviction ever happens.
This administrative action is entirely separate from your criminal court case. Each process requires its own defense strategy, timeline, and legal arguments. At The Law Offices of David L. Freidberg, I represent clients at both stages—from the very first petition to challenge the license suspension to fighting for a dismissal or reduced charge in criminal court.
Many clients are stopped late at night in neighborhoods like River North, Pilsen, or along Western Avenue. Regardless of where you were arrested in the city or Cook County, understanding what happens next can make the difference between a clean record and a life-altering conviction.
It’s a common misunderstanding—many Chicago residents assume you can only be charged with DUI if you were pulled over while actively driving. But under Illinois law, that’s not always the case. If you’re found in your vehicle while intoxicated, even if the engine is off, the State can still charge you with driving under the influence if they believe you were in “actual physical control” of the car.
I’m a criminal defense attorney based in Chicago, and I’ve handled DUI cases across Cook County and beyond for decades. One of the more confusing types of DUI cases involves individuals who weren’t even seen driving. These cases often start with a parked car, a sleeping occupant, and an officer’s assumption. Maybe it happened in Lincoln Park, Bronzeville, or even on Lake Shore Drive, but the consequences can be the same—criminal charges, a suspended license, and a permanent record.
When someone is arrested for DUI in Chicago, the next several hours can shape the outcome of the entire case. As a DUI defense lawyer who has practiced in Chicago for decades, I have watched countless clients walk into those first 24 hours completely unprepared for the rapid series of legal steps that unfold. A DUI arrest in Chicago is not a slow-moving process. It begins on the street during the traffic stop and continues through the police station, the paperwork, and the administrative consequences triggered by Illinois law. Whether someone is stopped in Lincoln Park, Humboldt Park, Lakeview, the South Loop, or on the Dan Ryan during a late-night patrol, everything that happens from that moment forward becomes part of a legal process that can affect their livelihood, their driver’s license, and their record for years.
Chicago police patrol some of the busiest roadways in the state, and DUI enforcement is a major priority for both the Chicago Police Department and the Illinois State Police. Officers are trained to identify signs of impairment quickly and to document every observation in a way that strengthens the state’s case. Under 625 ILCS 5/11-501, driving under the influence is either a misdemeanor or a felony, depending on circumstances such as prior convictions, injuries, child passengers, or license violations. Most first-time DUIs are charged as Class A misdemeanors, but even those carry up to 364 days in jail, high fines, mandatory classes, and a lifelong record if supervision is not granted.
Chicago is a city defined by constant motion, crowded streets, nightlife, community gatherings, and heavy police patrol throughout neighborhoods from Lincoln Park and Lakeview to South Shore, Humboldt Park, the Loop, and Jefferson Park. Because social activity is everywhere, DUI enforcement remains a priority for local law enforcement, especially late at night or near entertainment districts. When a Chicago police officer suspects impairment, the investigation usually begins with field sobriety tests. Most drivers expect these tests to be simple, but many sober people fail them under real-world conditions that have nothing to do with alcohol or drugs.
Under Illinois law, a DUI can be charged as a misdemeanor or felony depending on the circumstances. A first or second offense is usually a Class A misdemeanor. Felony DUI, charged under 625 ILCS 5/11-501(d), comes into play if there are prior convictions, a child in the vehicle, an accident causing injury, or other aggravating factors. These charges begin with the officer’s roadside observations, and field sobriety tests often make or break the prosecutor’s case.
Chicago Criminal Lawyer Blog