Articles Posted in DUI

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Most people in Chicago assume a DUI is only a misdemeanor if it’s your first offense. While that’s often true, Illinois law allows prosecutors to file aggravated DUI charges even against first-time offenders. That means a driver with no prior record could face felony charges and prison time based on certain circumstances.

At The Law Offices of David L. Freidberg, we’ve seen too many people walk into court assuming they’ll get supervision or a fine—only to be blindsided by felony charges. Aggravated DUI isn’t about how many times you’ve been arrested. It’s about the facts of the incident and how prosecutors choose to charge it.

Whether you were in an accident, had a suspended license, or had a child in the vehicle, your DUI could become a felony before your first court date.

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In Chicago, boating is a favorite pastime during warmer months. With access to Lake Michigan and numerous other waterways, residents and tourists alike take to the water to relax, celebrate, and enjoy the sun. Unfortunately, the mix of alcohol and boating—while often socially accepted—can quickly result in criminal charges. One of the most common and misunderstood charges is Boating Under the Influence (BUI). And when everyone on board has been drinking, confusion escalates: Who can be charged if no one admits to being the operator?

Under Illinois law, the answer is more complicated than most expect. The statute governing BUI doesn’t require clear evidence that someone was actively driving the boat at the time of the stop. In fact, you can be charged simply by being in actual physical control of the vessel—even if it wasn’t in motion. In situations where multiple passengers have consumed alcohol, law enforcement often builds cases on circumstantial evidence and witness statements. And if you think refusing to speak or cooperate will protect you, it could actually put you at greater risk if others speak up first.

As a BUI defense attorney in Chicago with decades of courtroom experience, I’ve defended many clients arrested during what they thought was a harmless boat ride with friends. These cases often begin as simple safety checks and quickly escalate into full-blown criminal investigations.

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It’s a warm weekend afternoon, and you’re enjoying time with friends on your boat near Chicago’s lakefront. Everything seems peaceful until you see flashing blue lights approaching from another vessel. Minutes later, you’re pulled over, questioned, and eventually arrested for Boating Under the Influence (BUI). You weren’t speeding. You didn’t hit anything. So how did this happen—and who exactly had the right to stop you?

This is a situation that happens all too often. In fact, BUI charges in Illinois frequently stem from ambiguous or overly aggressive enforcement actions. Understanding who has the legal authority to stop your boat, what powers they actually have, and how to defend yourself when accused is essential. At The Law Offices of David L. Freidberg, we’ve been defending BUI and DUI cases in Chicago for decades, and we’ve seen firsthand how easy it is for these cases to spiral out of control without proper legal representation.

Who Can Legally Stop a Boat in Illinois?

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And What a Skilled Lawyer Can Do About It

Being arrested for DUI is frightening under any circumstances. But it can feel downright surreal when you haven’t had anything to drink—and still find yourself in handcuffs. This happens more often than people realize, especially in Chicago, where officers frequently rely on appearance and behavior to determine impairment. If you have a medical condition that affects your coordination, speech, or demeanor, it may be misinterpreted as intoxication. The result? You could face criminal charges that carry jail time, license suspension, and a criminal record—despite being completely sober.

At The Law Offices of David L. Freidberg, our defense attorney understands how serious this situation is. We’ve successfully defended countless clients across Cook County and throughout the Chicago area who were arrested because of how they looked or moved, not what they actually did. We fight to ensure that your medical condition isn’t used against you in a courtroom.

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Why Every DUI Defense in Chicago Demands a Trial-Ready Attorney

Being arrested for driving under the influence in Illinois is a serious matter with consequences that extend far beyond the courtroom. Many individuals charged with DUI in Chicago believe they’ll never see the inside of a courtroom. They’re hoping for supervision, a reduced charge, or a deal that minimizes damage. That expectation leads some defendants to hire the cheapest lawyer they can find—someone who promises quick resolution without the burden of trial prep. But what that approach ignores is how much trial experience shapes the outcome of every single stage of a DUI case, including those that settle.

Illinois law is not forgiving when it comes to DUI offenses. Under 625 ILCS 5/11-501, even a first-time DUI is a Class A misdemeanor, punishable by up to a year in jail, up to $2,500 in fines, mandatory court supervision, community service, drug and alcohol classes, and license suspension. Aggravating circumstances, such as prior convictions or causing an accident, can elevate the charge to a felony. A Class 4 felony DUI carries a penalty of one to three years in prison. In cases involving death or serious bodily injury, the charges can escalate to a Class 2 felony, with potential penalties of up to seven years in prison. These are not penalties you can afford to gamble with.

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A Double-Edged Sword for Your Defense

If you’re facing DUI charges in Chicago, there’s a good chance the entire stop, field sobriety testing, and arrest were recorded by a police officer’s body-worn camera. While some people see body cam footage as damning, the truth is far more complicated. When reviewed carefully by an experienced DUI defense attorney, this video evidence can often work in your favor—exposing procedural errors, exaggerations, and constitutional violations.

At The Law Offices of David L. Freidberg, we’ve spent years scrutinizing body cam footage to protect clients charged with DUI offenses throughout Cook County and beyond. The outcome of your case may depend not just on what the officer claims, but what the camera actually shows.

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If you’ve been arrested for driving under the influence in Chicago or anywhere in Illinois, your biggest concern might be avoiding jail time or fines. But one of the most immediate and damaging consequences is the suspension of your driver’s license. What many people fail to understand is that the suspension doesn’t depend on a conviction. It happens automatically if you don’t take specific legal steps—and quickly.

Under Illinois law, a driver arrested for DUI is issued a Notice of Statutory Summary Suspension. This notice activates a process that will suspend your license unless you file a petition to fight it. That suspension is civil in nature and totally separate from the criminal DUI charges. Even if your DUI is later dismissed, the suspension stands unless you challenge it in time.

At The Law Offices of David L. Freidberg, we know how easily clients fall into this trap, especially if they try to handle things on their own. The law moves fast. If you don’t file for a hearing within the allowed timeframe, the Secretary of State will suspend your license, and you could lose your ability to drive for months or even years.

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Chicago DUI Arrests and the Importance of Proper Procedure

Chicago is no stranger to aggressive DUI enforcement. Officers from the Chicago Police Department and state agencies routinely patrol the roads looking for any sign of impaired driving. But despite their authority, officers are bound by strict legal procedures that govern how they can conduct traffic stops, administer sobriety tests, and make arrests. When they fail to follow these procedures, the integrity of the entire case may fall apart.

Under Illinois law, DUI is defined by 625 ILCS 5/11-501. This statute makes it a criminal offense to operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating compound that renders you incapable of safe driving. For most first and second offenses, the charge is a Class A misdemeanor. But if certain aggravating conditions are present—such as a prior felony conviction, a crash causing serious bodily injury, or the presence of a minor passenger—the charge can be enhanced to a felony. In some instances, a defendant may face a Class 2 or Class 4 felony, which carries the risk of prison time.

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Police officers in Chicago and throughout Illinois are trained to identify certain behaviors and driving patterns that, in their view, may suggest that a driver is under the influence of alcohol or drugs. These signs—however minor or subjective—can form the basis for a traffic stop under Illinois law. Once that stop occurs, it can escalate quickly into an arrest, formal criminal charges, and life-altering consequences.

At The Law Offices of David L. Freidberg, our DUI defense lawyer in Chicago understands how DUI arrests unfold in the real world and how law enforcement builds its case. What’s often overlooked by many drivers is that the entire criminal prosecution rests on whether the original stop was legally justified. That means if the officer didn’t have lawful grounds to pull you over, then any evidence obtained afterward may be inadmissible in court.

This article will explain what officers in Chicago typically claim to observe to justify a DUI stop, how those observations are challenged in court, and why having an experienced criminal defense lawyer is critical from the moment your case begins.

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You Don’t Have to Be Driving to Be Arrested for DUI in Illinois—Here’s What Every Driver Needs to Know

Imagine this: You’ve had too much to drink, so instead of risking it on the road, you decide to do the responsible thing. You walk to your car, climb into the driver’s seat, and take a nap. You think you’re playing it safe—avoiding the dangers of drinking and driving. But next thing you know, you’re being shaken awake by a police officer, questioned about alcohol, and arrested for DUI.

This happens more often than most people realize, especially in and around Chicago. And the law that allows it to happen is based on the concept of “actual physical control,” a phrase that doesn’t require movement, driving, or even intent. Under Illinois law, you can be parked legally, engine off, and still face full DUI charges.

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