Articles Posted in DUI

by

If you were pulled over in Chicago and refused a breath test, you’re probably wondering if that decision made things worse—or if it gave you an edge. I’ve had many clients throughout Chicago—from Hyde Park to Lincoln Park—ask me the same thing after being arrested for DUI: “Can I still fight the license suspension even though I refused the test?”

The short answer is yes, but the process moves fast—and the consequences are serious.

Under Illinois’ implied consent law (625 ILCS 5/11-501.1), any person who drives or is in actual physical control of a motor vehicle on public roads is deemed to have consented to chemical testing. That means if you refuse a breath, blood, or urine test after a lawful DUI arrest, your driver’s license is automatically suspended—even before you go to court.

Continue reading

by

Why promises about license results are misleading for DUI cases in Chicago

People across Chicago are stopped every day on suspicion of DUI. It happens on Lake Shore Drive, in River North after a night out, near Wrigley Field after a game, and on the Eisenhower heading into the city. The moment blue lights appear in the mirror, the fear starts with one thought: am I going to lose my license? By the time someone calls a Chicago DUI lawyer, the question usually comes out fast. Can you guarantee that I will keep my license?

The honest answer is no. No ethical or credible lawyer can guarantee what the Illinois Secretary of State or a judge will do in your case. License outcomes are controlled by statute, court procedure, administrative rules, and the facts of each case. A lawyer can improve the likelihood of keeping driving privileges. A lawyer cannot promise it.

Continue reading

by

Being arrested for DUI in Chicago can feel overwhelming. One minute you are driving through Logan Square, Back of the Yards, Lakeview, or Chatham, and the next you are dealing with flashing lights, field sobriety tests, and handcuffs. After the shock wears off, another fear sets in fast: what will happen to your driver’s license? For many people, the first thought is whether they can rely on a public defender or whether they really need to hire a private Chicago DUI lawyer to fight the suspension.

The reality is that Illinois has one of the strictest systems in the country for suspending driver’s licenses after DUI arrests. It does not matter whether your case is ultimately proven in court. Under the statutory summary suspension laws, your license can be suspended automatically unless you challenge it quickly. Understanding who will fight that suspension and how it works is critical to protecting your right to drive.

Public defenders are valuable parts of the criminal justice system and they help many people every day. But the question is not whether public defenders care or are capable. The real question is whether the structure of the public defender’s office gives them the time, resources, and assignment scope to handle your separate DUI license suspension hearing in addition to the criminal case. In many situations, the answer is no, and the consequences of assuming otherwise can be severe.

Continue reading

by

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.

Continue reading

by

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.

Continue reading

by

Failing the Breath Test in Chicago Does Not End Your Case

Many people in Chicago believe that failing a breath test automatically means they will lose their driver’s license and be convicted of DUI. They walk out of the police station feeling like the case is already over. That assumption is wrong and often leads to unnecessary suspensions and criminal convictions.

Under Illinois law, even if you failed a breath test, you still have the right to challenge both your criminal DUI case and the statutory summary suspension of your driver’s license. Chicago courts hear thousands of these challenges every year, and many of them succeed because police or the testing process did not comply with Illinois statutes and administrative rules.

Continue reading

by

Arrested for DUI in Chicago? Here’s What Happens to Your Driver’s License

After a DUI arrest in Chicago, the first and most urgent concern for most clients is whether they’ll be able to keep driving. That’s a perfectly reasonable fear—especially if your job, family, or health depends on your ability to drive. Unfortunately, Illinois DUI law imposes automatic license suspensions that take effect regardless of whether you are convicted of the criminal charge.

When you’re stopped and arrested for DUI in Chicago, the case triggers two separate legal processes:

Continue reading

by

Why the Question Matters for Drivers in Chicago

When someone is arrested for DUI in Chicago, the most pressing issue is often simple: “Can I still drive?” People must get to work on the West Side, drive children to school on the South Side, or commute downtown from neighborhoods like Lakeview, Jefferson Park, or Hyde Park. Losing the ability to drive can be devastating. Unfortunately, the answer is not always obvious because Illinois law separates your driver’s license status from your criminal DUI case, even though both come from the same incident.

Under Illinois criminal law, every offense is categorized as a misdemeanor or felony. DUI falls under 625 ILCS 5/11‑501. A first offense without aggravating factors is usually charged as a Class A misdemeanor. Penalties still include possible jail time, fines, probation, treatment, and license suspension after conviction. When aggravating factors exist, such as prior DUIs, an accident causing great bodily harm, a suspended license, or a child in the vehicle, the charge becomes aggravated DUI, which is a felony. Felonies carry the risk of prison sentences and permanent felony records.

Continue reading

by

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.

Continue reading

by

Understanding the Consequences of Saying No in a Chicago DUI Stop

What Drivers in Chicago Need to Know About Chemical Test Refusals

You’re driving through River North, heading home after a long dinner. Blue lights flash behind you. You pull over. The officer says they smell alcohol. You’re asked to step out. Before you know it, they’re asking you to take a breath test. You hesitate. You say no.

Continue reading
Contact Information
Chicago Office
70 W Madison St
#1450
Chicago, IL 60602
Phone: (312) 560-7100
DuPage Office
140 Butterfield Rd
#1500
Oakbrook Terrace, IL 60181
Skokie Office
5250 Old Orchard Rd
#300
Skokie, IL 60077

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2026, Law Offices of David L. Freidberg, P.C.
JUSTIA Law Firm Blog Design