Articles Posted in DUI

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What You Need to Know from a Chicago Defense Lawyer

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.

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A DUI Arrest in Chicago Sets Off Immediate Legal Consequences Most People Never See Coming

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.

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Understanding How Chicago Police Use Field Sobriety Tests

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.

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Being charged with DUI manslaughter in Illinois is one of the most serious legal battles anyone can face. As a Chicago DUI defense lawyer with years of courtroom experience in Cook County and surrounding areas, I’ve defended clients accused of driving under the influence when a fatal accident occurs. These cases are emotional, complex, and aggressively prosecuted, often beginning with a split-second event and turning into a life-altering criminal case.

If you’re facing this type of charge in the city of Chicago or in neighboring counties like DuPage, Will, or Lake, you’re not alone—but you need to understand the severity of the accusation. DUI manslaughter is not a misdemeanor. Illinois law classifies it as a felony—usually a Class 2 felony, but in some cases, the charge can carry even heavier sentencing enhancements.

In neighborhoods throughout Chicago—whether in South Shore or River North—these cases typically begin when someone is involved in a crash and alcohol or drug use is suspected. Police and prosecutors are quick to move forward with felony charges if the accident results in death, even if the other driver or pedestrian was partially at fault.

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What Happens After a DUI Conviction in Chicago?

After a DUI conviction, most people believe the outcome is final. But in many cases, it isn’t. As a criminal defense lawyer representing clients throughout Chicago—including Lincoln Square, West Loop, Uptown, and the surrounding Cook County suburbs—I often work with individuals who believe their case was mishandled or their rights were ignored during their trial. If you’ve been found guilty of driving under the influence in Illinois, you may still be able to challenge the outcome—through a direct appeal.

In the City of Chicago, DUI enforcement is aggressive. From downtown to the expressways, Chicago police conduct regular patrols and DUI checkpoints. If you’re pulled over and suspected of driving under the influence of alcohol, marijuana, or another controlled substance, officers rely on field tests, breath samples, blood tests, and their own personal observations to justify an arrest. Once arrested, you’re booked and charged under 625 ILCS 5/11-501, which defines Illinois DUI law.

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Can I Get a Hardship Driver’s License After a Felony DUI in Illinois?

A Felony DUI Can End Your Driving Privileges — But There Is Hope for Limited Relief

Being charged with a felony DUI in Illinois isn’t just a criminal case—it’s a life-altering event. You’re not just facing jail or prison time, you’re also at risk of losing your license for years. That loss of driving privileges can mean missed work, lost income, and an inability to meet basic responsibilities for yourself or your family.

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If you’ve been arrested for riding a scooter under the influence in Chicago, you may be wondering whether you’ll face the same consequences as someone driving a car. The short answer: Yes—and then some. A DUI on a scooter in Illinois can land you in criminal court, carry heavy penalties, and leave you with a permanent mark on your criminal record.

Many people mistakenly assume that scooters are toys or that DUI laws don’t apply to them. But under Illinois law, prosecutors treat these cases seriously—especially in areas with heavy scooter traffic like Streeterville, Lincoln Park, and the West Loop. At The Law Offices of David L. Freidberg, we’ve represented many clients across Cook, DuPage, Will, and Lake Counties who were blindsided by a criminal DUI charge for riding what they thought was a harmless device.

Let’s break down what Illinois law says, how these cases unfold, and what you can do to protect your record and your future.

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In places like Bridgeport, Logan Square, and Uptown, residents and workers occasionally use golf carts for recreation, local errands, or property maintenance. They’re practical, easy to use, and often legal on certain roads when properly equipped. But here’s the problem many don’t anticipate: driving a golf cart while impaired can result in DUI charges—and those charges can be felonies under Illinois law.

As a longtime criminal defense lawyer in Chicago, I’ve defended hundreds of people who were shocked to find themselves facing serious charges for what they believed was minor conduct. Golf cart DUIs aren’t treated lightly in this state, especially when aggravating factors are involved. Understanding the risks—and the law—can make all the difference if you or someone you know is facing these charges.

DUI Law in Illinois: What Counts As a “Vehicle?”

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Chicago DUI Arrests and the Urgent 10-Day Deadline Most Drivers Don’t Know About

Chicago is known for its dense traffic patterns, busy police presence, nightlife corridors, and constant enforcement of DUI laws. Drivers are stopped on the Kennedy, Lake Shore Drive, Western Avenue, and countless neighborhood streets every night. A Chicago DUI arrest happens quickly, often beginning with what seems like a minor observation by police. One moment a person is driving home from dinner in the West Loop or leaving a gathering in Lakeview, and the next they are standing outside their vehicle participating in field sobriety tests under flashing blue lights.

A DUI arrest in Chicago triggers two separate legal actions: the criminal charge and the Statutory Summary Suspension, which automatically suspends a driver’s license unless they act within 10 days. This suspension comes from 625 ILCS 5/11-501.1, the implied consent statute. The arresting officer completes a sworn report and sends it to the Illinois Secretary of State, initiating the suspension process. If the driver refuses chemical testing, the suspension is longer. If they submit to testing and fail, the suspension still takes effect unless challenged.

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Getting charged with DUI in Chicago isn’t limited to people behind the wheel of a car. If you’re riding a golf cart through a suburban street in Cicero or coasting on an e-scooter down Milwaukee Avenue, you could still end up facing a DUI charge. Illinois law makes no exception for smaller or alternative vehicles when it comes to driving under the influence.

I’m a Chicago DUI defense lawyer who’s defended countless clients in these kinds of cases. From arrests near Grant Park to incidents in neighborhoods like Logan Square and Andersonville, I’ve seen how quickly a fun night out can turn into a criminal case. The courts in Cook County treat these offenses seriously, even if the vehicle wasn’t a traditional automobile.

Let’s break down what the law says, what you’re up against, and how I can help defend you.

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