Articles Posted in DUI

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First-Time DUI Arrests Are More Serious Than Most People Realize

You don’t have to be a criminal to find yourself facing a DUI charge in Chicago. All it takes is one night, one drink too many, and one police officer deciding you shouldn’t be on the road. Many of my clients are people who have never been in trouble before. Teachers, nurses, accountants, students. After their first DUI arrest, they all ask the same question: “Am I going to jail?”

The reality is, a first DUI in Illinois can absolutely result in jail time, even though it’s usually a Class A misdemeanor. That means the court has the power to sentence you to up to 364 days in jail and impose fines of up to $2,500. While jail isn’t automatic for a first offense, it’s still a possibility—especially if the court believes you were reckless, uncooperative, or if aggravating circumstances were involved.

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Why a DUI Arrest in Chicago Can Affect Your Driver’s License Before Your Trial Even Begins

Many people arrested for DUI in Chicago are shocked to learn they can lose their driver’s license before ever stepping into a courtroom. Unlike most criminal offenses in Illinois, a DUI triggers administrative penalties that are separate from your criminal case. That means your license can be suspended—automatically—just days after your arrest, and long before you’re found guilty or not guilty in court.

Under 625 ILCS 5/11-501.1, Illinois drivers are subject to what’s called implied consent law. This means that by operating a vehicle on Illinois roads, you have already agreed to submit to chemical testing (breath, blood, or urine) if you’re arrested for DUI. If you refuse testing, or if you fail a chemical test by blowing over the legal limit (0.08 or higher), the Illinois Secretary of State will automatically suspend your license—even if your criminal case hasn’t gone to trial.

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Not All DUI Charges in Chicago Are Equal

In Chicago, DUI charges can look similar at the surface but carry dramatically different consequences depending on whether they’re filed as misdemeanors or felonies. I’ve worked with individuals from every corner of this city—Bronzeville, Jefferson Park, West Loop, Englewood—who thought they were facing a “simple DUI” only to find out the state was preparing a felony case against them.

Illinois law under 625 ILCS 5/11-501 defines DUI as operating a vehicle with a blood alcohol content (BAC) of 0.08 or more, or while impaired by alcohol, drugs, or a combination of both. That part doesn’t change. What does change is how aggressively the charge is pursued and the long-term damage it can cause. The State’s Attorney’s Office considers aggravating factors that elevate the offense to a felony.

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Illinois Drivers Are Often Misled About What a Breath Test Result Actually Proves

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?

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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.

What Is a Statutory Summary Suspension?

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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.

What Is Probable Cause and Why It Matters in a DUI Case

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You Were Arrested for DUI in Chicago. But Did the Police Follow the Law?

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.

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Preparing for Criminal Trial in Chicago: Why Every Move Matters

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.

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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.

Statutory Summary Suspension Timelines in Illinois

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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.

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