Articles Posted in DUI

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How to Challenge DUI Field Sobriety Tests Administered on Uneven Pavement or Ice in Illinois

In a city like Chicago, where snow, sleet, and slick streets are common for nearly half the year, field sobriety tests can be unfair from the moment they start. Add in cracked sidewalks or tilted alleyways on the South Side or icy curbs near Wrigleyville, and the results of these tests quickly lose any reliability they claim to have. Illinois law gives officers discretion in DUI arrests, but that does not mean the tests they administer are always valid — especially when they occur under unsafe or unstable physical conditions. As a criminal defense lawyer in Chicago, I’ve spent decades challenging the validity of DUI charges rooted in flawed field sobriety assessments.

A DUI arrest in Illinois is a serious matter. Depending on the circumstances, it can be classified as either a misdemeanor or a felony under Illinois Compiled Statutes (625 ILCS 5/11-501). First-time DUI charges are typically charged as Class A misdemeanors, carrying penalties of up to one year in jail and fines up to $2,500. But if aggravating factors are present — such as a prior DUI conviction, driving without a valid license, or causing bodily harm — the offense may be elevated to a felony, such as a Class 4 or even Class 2 felony, resulting in much harsher punishments.

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It’s one of the most common mistakes people make after getting arrested for DUI in Chicago: they assume that because they were charged, they must be guilty. Whether you failed a breath test, admitted to drinking, or just want to get it over with, it might feel easier to plead guilty and move on. But the truth is, that decision could cost you your freedom, your license, your career, and your future.

At The Law Offices of David L. Freidberg, I have spent decades helping people in your position fight back—successfully. Even when the odds seemed stacked against them. If you’ve been charged with DUI in Illinois, the first and most important step is to stop assuming and start defending.

DUI in Illinois Is a Legal Charge—Not a Conviction

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The Reality of DUI Traffic Stops in Chicago

Chicago drivers face an active and aggressive law enforcement presence, especially when it comes to DUI enforcement. Whether you’re heading home after a night out or simply happen to be on the road late at night, the Chicago Police Department may initiate a stop based on any perceived irregularity in your driving. If the officer believes you may be under the influence, that stop can quickly evolve into a full-scale criminal investigation under Illinois DUI laws.

DUI in Illinois is governed by 625 ILCS 5/11-501. While a standard first-time DUI is charged as a Class A misdemeanor, aggravating circumstances can escalate the charge to a felony. The outcome of a DUI investigation can affect your driving privileges, your employment, and your criminal record for life.

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Getting arrested for a first-time DUI in Illinois can shake up your entire life. It’s an experience no one plans for, yet it can happen in the blink of an eye after a dinner out in Chicago, a gathering with friends in Evanston, or even a wrong turn on the way home in Oak Park. If you are facing your first DUI charge, the good news is that you have legal options. And the defenses available to you can make the difference between a conviction that alters your life and a second chance to move forward.

Illinois law may treat first-time DUI cases seriously, but the law also demands that police officers and prosecutors follow strict rules. Violations of your rights, improper testing, and gaps in the evidence can be used to your advantage. With the right defense, many first-time DUI defendants can achieve outcomes that avoid jail time, protect their driver’s license, and even prevent a conviction altogether.

Understanding First-Time DUI Charges Under Illinois Law

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DUI Criminal Defense in Waukegan, Illinois: Why You Need to Defend Against A DUI To Protect You Child Custody and Visitation Rights

If you are facing DUI charges in Waukegan, Illinois, it’s crucial to understand not only the criminal consequences but also the broader impact on your life, including family matters such as child custody and visitation rights. A DUI conviction carries significant legal consequences, from fines and jail time to license suspension and mandatory treatment programs. However, when children are involved, the implications of a DUI charge extend beyond criminal penalties and can affect your parental rights.

We will now explore the DUI criminal defense process in Waukegan, Illinois, while focusing on how a DUI charge or conviction can influence child custody decisions. Whether you’re facing a first-time offense or a repeat DUI charge, understanding how the criminal system operates and how it may intersect with your family law case is critical for protecting your rights as a parent.

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First-Time DUI Charges in Illinois: What You Should Know and Why Fast Action Matters

A first-time DUI arrest in Illinois can be an overwhelming experience. In cities like Waukegan, where law enforcement patrols major highways and busy city streets around the clock, DUI charges are filed daily. Yet many people do not realize how serious a first offense truly is. Even without a criminal history, the penalties for a DUI conviction can change the course of your life.

Illinois has some of the strictest DUI laws in the country. While a first offense is usually charged as a misdemeanor, the consequences can extend well beyond fines and temporary license suspension. A DUI conviction can impact your freedom, your financial stability, your ability to drive, your career, and your reputation.

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If you’ve been stopped in Chicago under suspicion of driving under the influence (DUI), one of the first questions you may have is, “How long can the police detain me during a DUI stop?” DUI stops are common on Chicago’s busy roads, and being detained by law enforcement can feel intrusive. However, it’s important to know your rights and the length of time police can lawfully detain you during the investigation of a suspected DUI.

In Illinois, law enforcement officers must follow specific legal procedures when making a DUI stop, and this includes how long they can detain you. Understanding these rules can help protect your rights, avoid unnecessary delays, and reduce the chance of facing severe legal consequences.

This article will provide an in-depth explanation of how long police can legally detain you during a DUI stop in Chicago, the process of a DUI investigation, and how a skilled criminal defense attorney can help protect your rights.

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Understanding DUI Stops in the City of Chicago

Chicago is one of the most heavily policed metropolitan areas in the country. With an expansive network of streets, highways, and expressways, police traffic enforcement plays a significant role in law enforcement efforts across the city. DUI arrests are common in Chicago, particularly on weekends, holidays, and late at night when officers are more likely to suspect impaired driving. In Illinois, especially in a city as active as Chicago, DUI enforcement is strict—but it is also governed by constitutional safeguards that limit how and when police can stop drivers.

Many individuals charged with DUI in Chicago ask whether officers needed probable cause to pull them over in the first place. This question is critical. While officers do not need probable cause to initiate a traffic stop, they must have what’s known as “reasonable suspicion” that a traffic violation or crime has occurred. The distinction between reasonable suspicion and probable cause often becomes a pivotal issue in DUI cases.

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Understanding How DUI Arrest Records Are Viewed in Chicago

Chicago is a city known for its vibrant energy, diverse neighborhoods, and busy roads. Unfortunately, it also sees its share of DUI arrests. Whether someone is pulled over near Lake Shore Drive or on the Kennedy Expressway, a DUI arrest in Chicago often leaves more than legal consequences. One of the most lasting impacts is the creation of a criminal record. Many people are surprised to learn that an arrest alone, even without a conviction, can become part of the public record in Illinois.

In Illinois, a DUI arrest is recorded even if you were never convicted. Under the law, arrests, court appearances, and final outcomes are documented and stored in statewide databases. These records are often available to the public unless steps are taken to seal or expunge them. That means an employer, landlord, or licensing agency can access your arrest history unless it has been legally hidden from view.

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Understanding DUI Allegations in Chicago When No One Saw You Driving

Chicago is a city known for its traffic congestion, sprawling neighborhoods, and a dense police presence. DUI arrests in this area are not uncommon, and while many occur after a traffic stop, others arise from more complicated scenarios. One such situation is when law enforcement finds someone in or near a vehicle under circumstances that suggest impairment, but no officer actually observed the person driving. If you’re in this situation, you’re not alone — and yes, you can still be arrested and charged with DUI in Illinois.

Under Illinois law, prosecutors don’t necessarily need direct eyewitness testimony that you were driving. They can pursue charges based on circumstantial evidence, especially if they believe you were in actual physical control of the vehicle. These cases often arise when someone is found sleeping in their car, sitting in the driver’s seat with the engine running, or near a vehicle after a crash.

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