Articles Posted in DUI

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Every driver in Chicago is vulnerable to the same thing—being pulled over and judged within seconds by an officer who believes they are impaired. The problem is, not every sign of impairment is due to alcohol or drugs. For many drivers in Illinois, medical conditions such as diabetes, epilepsy, or neurological disorders can lead to symptoms that mimic intoxication. These misread signs can result in criminal charges for DUI when the person wasn’t under the influence at all.

Illinois law under 625 ILCS 5/11-501 defines driving under the influence as operating a motor vehicle while impaired by alcohol, drugs, or any intoxicating compound. A DUI can also be based on a chemical test showing a BAC of .08 or higher. But nowhere in that law does it state that a person can be legally charged because they had a medical event. Yet that’s exactly what happens when officers misinterpret a diabetic crash or seizure as a sign of drunkenness.

Officers often rely on visual cues and behavior when deciding whether to arrest someone for DUI. This includes bloodshot eyes, slurred speech, disorientation, and failure to follow instructions. However, a person in the middle of a hypoglycemic episode can display those symptoms too. If the officer sees what they expect to see, confirmation bias kicks in—and the next thing that happens is a roadside sobriety test and an arrest.

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What Illinois Law Says About Parked Cars and Driveways

In Illinois, you can be arrested and charged with DUI even if your car never leaves the parking lot or your driveway. This often surprises people, especially those who were trying to avoid driving under the influence by sleeping it off in their vehicle or waiting for a ride. But the law doesn’t just punish intoxicated driving—it punishes the risk of driving, and that’s where the legal idea of “actual physical control” becomes important.

Many DUI arrests occur in less expected places. A person might fall asleep in their vehicle outside their apartment in Cicero or pull over in a grocery store parking lot in Hyde Park. These non-roadway arrests are prosecuted under the same statute as DUIs that occur on public streets: 625 ILCS 5/11-501. That statute prohibits being in actual physical control of a vehicle while under the influence, whether or not the person is driving.

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Understanding the Real-World Impact of a DUI Conviction in Chicago

In Chicago and across Illinois, a DUI conviction can quietly affect nearly every aspect of your life long after you serve your sentence. From job opportunities to housing applications and even professional licensing, the shadow of a past DUI doesn’t easily fade. Unlike many criminal offenses that may be eligible for expungement or sealing after a certain period, a DUI sticks. That permanence leads many people to ask: Is there anything I can do to remove it from my record?

Unfortunately, the answer is almost always no if you were convicted. Illinois law is extremely strict about DUI-related offenses. Whether you were arrested in Cook County, DuPage, Will, or Lake County, a conviction for driving under the influence under 625 ILCS 5/11-501 is not eligible for sealing or expungement. However, not all hope is lost. The key is understanding when records might be cleared and taking early, aggressive steps to avoid a conviction in the first place.

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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

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Red Eyes, Slurred Speech, and the Smell of Alcohol: Why You Shouldn’t Accept DUI Allegations at Face Value in Illinois

In Chicago and across Illinois, DUI charges often rely heavily on the arresting officer’s description of your behavior. Police reports may include allegations like “red eyes,” “unsteady gait,” or “slurred speech.” But those claims don’t automatically prove guilt. These observations are subjective, and they can be influenced by stress, allergies, medical conditions, or even poor lighting. If you’ve been charged with DUI in Illinois, and the case against you depends largely on what the officer saw, smelled, or heard, you have the right to fight back. And that starts with having the right defense attorney.

At The Law Offices of David L. Freidberg, we defend clients facing DUI charges throughout Chicago and the surrounding counties. We know how to cross-examine officers and undermine unreliable observations that may otherwise persuade a jury. We look beyond the arrest report and force the prosecution to provide actual, admissible proof.

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Medical Misdiagnosis or DUI? What Every Chicago Driver Needs to Know

If you’ve been accused of driving under the influence in Chicago, but you suffer from a medical condition that could have caused symptoms mistaken for impairment, your case is far from hopeless. In fact, your health could be the key factor that explains why you were wrongly arrested.

Every day in Cook County, people are pulled over and arrested for DUI based on signs like unsteady walking, slurred speech, or confusion—all of which can be caused by legitimate medical conditions. Unfortunately, law enforcement isn’t always trained to spot the difference between intoxication and a health crisis. When that happens, you can end up facing serious charges that could change the course of your life.

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A DUI arrest can feel overwhelming, especially when it begins with a traffic stop that doesn’t seem fair or justified. In Chicago, law enforcement officers are required to follow specific legal procedures before pulling over a driver and conducting an investigation for driving under the influence. But all too often, those procedures are ignored or stretched beyond their lawful limits. If you’ve been charged with DUI and believe the stop was illegal, you need to know your rights and how a skilled attorney can help fight back.

Illinois law requires police to have either probable cause or reasonable suspicion before stopping a vehicle. This standard comes from both the Fourth Amendment to the U.S. Constitution and Illinois case law interpreting those protections. Reasonable suspicion is a lower standard than probable cause, but it still requires a factual basis. An officer must be able to point to specific, observable facts—not just a vague feeling or hunch—that suggest a law has been broken or is in the process of being broken.

One of the most common justifications for DUI stops is the alleged commission of a minor traffic violation. Chicago police frequently cite claims such as improper lane usage, failure to use a turn signal, or rolling through a stop sign. While any of these may support a stop if they actually occurred, many are exaggerated or nonexistent. Officers sometimes rely on these claims as pretexts to initiate stops based on a driver’s appearance, neighborhood, or time of day.

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Driving under the influence (DUI) in Illinois is already a serious criminal charge. But if you’re arrested for DUI while also not having a valid driver’s license, the situation becomes significantly more severe. This isn’t just a traffic ticket—it’s a complex legal matter that could lead to jail time, steep fines, and long-term damage to your record. As a Chicago DUI defense attorney with decades of experience, I’ve represented clients in some of the most difficult situations—including DUI cases where no valid license was ever issued, the license was expired, or it was previously suspended or revoked.

Let’s take a closer look at how Illinois treats DUI charges when the driver is unlicensed and how we can fight back.

Chicago’s Tough Stance on DUI and Driving Without a License

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A traffic stop can go from routine to life-changing in a matter of minutes—especially if you live with diabetes or another condition that causes low blood sugar. Every day in Chicago and throughout Illinois, drivers are misjudged by police officers who mistake symptoms of hypoglycemia or diabetic ketoacidosis (DKA) for intoxication. For those individuals, the experience is not just frightening—it can result in wrongful arrest, license suspension, and criminal charges.

If you’re facing DUI charges after experiencing a diabetic episode, the most important thing you can do is consult a lawyer who understands how medical conditions intersect with Illinois DUI law. At The Law Offices of David L. Freidberg, we’ve represented clients across Cook County who were charged based on faulty assumptions, not facts. We know how to dismantle these cases—and protect your freedom, your license, and your future.

The Medical Reality: Hypoglycemia and DUI Symptoms Look Alarmingly Similar

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The Legal Gamble: What You Risk and What You Gain by Refusing a Breath Test in Illinois

The flashing red and blue lights behind you, the sound of your own heartbeat pounding in your ears, and a uniformed officer asking you to take a breath test—it’s a moment that can change your life. If you’ve found yourself in this situation in Chicago or anywhere in Illinois, you may be wondering whether refusing that breath test was the right move—or if it’s something you should do if it ever happens again.

The reality is this: refusing a breath test in Illinois isn’t a legal loophole or a “get out of jail free” card. But it also doesn’t automatically make things worse. Whether or not refusal is a good idea depends entirely on the facts surrounding the stop, your driving record, and how your defense attorney handles the case from the start.

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