DUI Category Archives — Page 5 of 20 — Chicago Criminal Lawyer Blog Published by Chicago Criminal Defense Attorney

April 11, 2025

Can I Be Arrested For DUI in Illinois If My BAC Is Under 0.08%?

by Law Offices of David L. Freidberg, P.C.

Understanding DUI Arrests Below the Legal Limit in Chicago

In Chicago, the streets are busy with everything from rideshares to late-night drivers heading home from restaurants or events. Law enforcement patrols are common, especially during weekends and holidays, and DUI enforcement remains a top priority for local police departments. While most people believe that the legal limit for blood alcohol concentration (BAC) is 0.08%, Illinois law allows police officers to arrest and prosecutors to charge individuals with DUI even when their BAC is below this threshold.

A DUI arrest in Chicago with a BAC under 0.08% may come as a shock to someone who assumed they were legally fit to drive. These cases often involve subjective officer observations and discretionary arrest decisions based on overall behavior, physical signs of impairment, and alleged unsafe driving patterns. The consequences, however, are anything but discretionary. A conviction under these circumstances can still result in a permanent criminal record, driver’s license suspension, costly fines, and personal and professional hardship.

April 10, 2025

What Are the Punishments for Driving with a BAC Over 0.15% in Waukegan?

by Law Offices of David L. Freidberg, P.C.

Waukegan is a community where people often rely on their vehicles to get to work, visit family, and fulfill daily obligations. But when a person is accused of driving under the influence, especially with a high blood alcohol content, the consequences can be severe. In Illinois, any DUI charge is serious, but a BAC over 0.15% significantly increases the risk of enhanced penalties. These cases can change a person’s life, even if it’s their first offense. Knowing the law, how the process works, and the legal challenges involved is critical.

The Illinois Vehicle Code provides a clear framework for DUI offenses. Under 625 ILCS 5/11-501, it is unlawful to operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating compound. While the legal limit is 0.08%, a BAC over 0.15% brings added consequences. A first DUI is usually a Class A misdemeanor, but a high BAC can trigger additional sentencing conditions like mandatory jail time, higher fines, and required alcohol education.

The classification of the crime and the punishment depend on many factors. A driver with a BAC of 0.15% or higher may face an enhanced sentence even for a first offense. A second or third offense could mean felony charges. Felonies carry prison sentences, longer license revocations, and permanent marks on a person’s criminal record. These penalties are even more severe when the DUI involves an accident, injury, a child passenger, or a suspended license.

April 9, 2025

What Happens If I Get a DUI in Illinois With A Child In The Car?

by Law Offices of David L. Freidberg, P.C.

Being charged with DUI in Illinois is serious on its own — but if you’re arrested for driving under the influence with a child in the vehicle, the situation becomes much more severe. Illinois law imposes enhanced penalties for drivers who operate a vehicle while impaired with a passenger under the age of 16. In many cases, this leads to felony charges, mandatory jail time, and long-term consequences that can affect your career, license, and reputation.

Understanding how the law treats DUI cases involving children — and what to expect if you’re facing this charge — can help you prepare your defense and protect your rights.

Illinois Law on DUI With a Minor Passenger

April 8, 2025

What Happens If I Refuse Roadside Field Sobriety Tests in Illinois?

by Law Offices of David L. Freidberg, P.C.

If you’re pulled over in Illinois and an officer suspects you of driving under the influence, they may ask you to perform roadside field sobriety tests. These tests — such as walking in a straight line, standing on one leg, or following a pen with your eyes — are meant to assess your physical and cognitive abilities. But many drivers don’t realize that field sobriety tests are voluntary in Illinois. You have the legal right to refuse them.

Refusing roadside field sobriety tests is not the same as refusing a breathalyzer, and the legal consequences are very different. Knowing your rights and what to expect can help you make informed decisions during a DUI stop.

What Are Roadside Field Sobriety Tests?

April 6, 2025

How To Handle Yourself During A DUI Roadblock in Chicago

by Law Offices of David L. Freidberg, P.C.

DUI roadblocks, also called sobriety checkpoints, are legal in Illinois and regularly set up throughout the Chicago area — especially during holidays or weekends when drinking and driving incidents tend to rise. If you find yourself approaching a checkpoint, knowing how to handle the situation can make all the difference in protecting your rights and avoiding unnecessary trouble.

Even if you haven’t had anything to drink, roadblocks can be stressful. Police are trained to observe everything from your speech to your eye movements, and any small mistake or nervous behavior might raise suspicion. Here’s what to know about how to conduct yourself during a DUI roadblock in Chicago.

Are DUI Roadblocks Legal in Illinois?

March 24, 2025

How Police Officer Fatigue Can Affect DUI Arrest Credibility

by Law Offices of David L. Freidberg, P.C.

The Impact of Officer Fatigue on DUI Investigations

Law enforcement officers are responsible for upholding the law, including making DUI arrests based on observed impairment. However, many officers work long, demanding shifts, sometimes exceeding 12 hours, leading to fatigue and impaired judgment. When an officer is exhausted, their ability to make accurate assessments, recall details, and properly administer field sobriety tests may be compromised.

Fatigue can affect a DUI case in several ways, including inconsistent observations, procedural errors, and unreliable testimony. These issues can raise doubts about the validity of the arrest and provide opportunities for defense attorneys to challenge the credibility of the case in court.

March 23, 2025

The Impact of Keto Diets on DUI Breath Test Accuracy

by Law Offices of David L. Freidberg, P.C.

Understanding the Keto Diet and Its Effect on Breath Tests

The ketogenic diet, commonly referred to as keto, is a low-carbohydrate, high-fat diet designed to put the body into a metabolic state called ketosis. In ketosis, the body burns fat instead of carbohydrates for energy, producing ketones as a byproduct. One type of ketone, acetone, is released through the breath and can sometimes interfere with DUI breathalyzer tests. This has raised concerns about whether individuals on a ketogenic diet could register false-positive breath test results, leading to wrongful DUI charges.

How Breathalyzers Detect Alcohol

March 21, 2025

Can You Be Charged With DUI in Illinois Without a Direct Witness?

by Law Offices of David L. Freidberg, P.C.

Why Eyewitness Evidence is Essential in DUI Cases and How Its Absence Can Benefit Your Defense

Many people assume that once police respond to a car accident involving possible drunk driving, an arrest for DUI is almost certain. After all, the police might have video footage of you admitting fault, clear signs of intoxication, or even physical damage to the vehicles. Surprisingly, however, this isn’t always enough to justify a DUI arrest or conviction. The key factor often overlooked by most is whether someone actually saw you driving the vehicle at the time the incident occurred. Without such direct eyewitness testimony—often called a “wheel witness”—prosecutors might struggle to build a successful DUI case.

Let me clearly explain this point with a real-world example that illustrates how critical eyewitness testimony truly is. Recently, there was a situation involving a driver who collided with a parked car. Nearby residents heard the collision, immediately rushed outside, and saw the driver standing by the damaged vehicles. The driver admitted openly to neighbors and later on camera to responding police officers that they caused the crash after drinking alcohol. Yet, despite these clear statements and the evident damage, no DUI arrest occurred. Why? Simply put, no one had personally witnessed this individual actually operating the car at the moment the crash happened.

March 18, 2025

DUI Defense Lawyer in Waukegan, Illinois

by Law Offices of David L. Freidberg, P.C.

Defending Against DUI Charges in Waukegan, Illinois

Waukegan, located in Lake County, Illinois, is a vibrant city along the shores of Lake Michigan, known for its diverse population and rich history. As one of the largest cities in the county, Waukegan has a busy court system that regularly processes DUI cases. Illinois law takes driving under the influence seriously, and individuals charged with DUI in Waukegan face harsh consequences that can affect their freedom, finances, and future employment opportunities.

Under 625 ILCS 5/11-501, a person commits DUI when they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or if they are under the influence of alcohol, cannabis, prescription medications, or controlled substances to the extent that their ability to drive is impaired. A DUI arrest can lead to immediate license suspension, criminal charges, and potential incarceration if convicted. The severity of penalties increases for repeat offenders or those involved in accidents causing injury.

March 17, 2025

DUI Reckless Homicide Defense Lawyer in Cook County, Illinois

by Law Offices of David L. Freidberg, P.C.

Legal Defense for DUI Reckless Homicide in Cook County, Illinois

DUI reckless homicide is one of the most severe criminal charges a person can face in Cook County. Prosecutors pursue these cases aggressively, and convictions lead to devastating consequences, including long prison sentences and permanent criminal records. Defendants accused of DUI reckless homicide need immediate legal representation to fight the charges and protect their rights.

Illinois law, under 720 ILCS 5/9-3, defines reckless homicide as the unintentional killing of another person while driving in a reckless manner. When intoxication is involved, the prosecution asserts that impairment alone demonstrates recklessness. Illinois law sets a 0.08% BAC limit for alcohol-related DUIs, but drivers may also be charged for impairment from marijuana or controlled substances, even if they are under the legal THC threshold.