Chicago Criminal Lawyer Blog
Chicago’s Trucking Lifeline and the Stakes of a CDL Case
In a city like Chicago—where semis move daily along I-90, I-94, and I-290 to reach warehouses in Bedford Park, Cicero, and Joliet—commercial drivers are the unseen force that keeps businesses alive. Losing a Commercial Driver’s License (CDL) can mean losing a paycheck, a career, and in many cases, the ability to support a family. Illinois law under 625 ILCS 5/6-514 and federal rules in 49 C.F.R. § 383.51 set strict standards for professional drivers, leaving little room for error.
What many drivers fail to realize is that a CDL disqualification can result from conduct that seems minor: a speeding ticket 15 mph over the limit, a lane change violation, or even a cellphone citation. These infractions, called serious traffic violations, stack quickly. Two within three years may result in a 60-day CDL suspension; three may lead to 120 days. If alcohol, controlled substances, or refusal of a test are involved, the loss may last a year—or for life.
The Legal Framework: Illinois and Federal Overlap
The Illinois Vehicle Code (625 ILCS 5/6-514) mirrors the Federal Motor Carrier Safety Administration’s disqualification table found in 49 C.F.R. § 383.51. Both classify offenses into “major,” “serious,” and “out-of-service” categories.
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Major offenses include DUI, leaving the scene, or using a CMV in a felony.
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Serious offenses include reckless driving or improper lane usage.
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Out-of-service violations cover driving during a declared OOS period or refusing inspection.
Under 625 ILCS 5/6-514(b)(1), a first conviction for a major offense triggers a one-year CDL disqualification (three years with hazardous materials). A second major offense carries a lifetime bar.
Illinois’ Secretary of State automatically enforces these penalties once a conviction is reported. This means even a plea to a reduced charge in traffic court may still count as a CDL disqualification if not handled properly. That’s why legal guidance from a Chicago criminal defense attorney familiar with CDL law is critical.
How a CDL Case Develops in Chicago
It often begins with a routine stop—perhaps near the Skyway Toll Plaza or a weigh station on I-80. The officer observes a traffic infraction or claims erratic driving. Once contact is made, the officer will request logbooks or ELD data and may perform sobriety tests if impairment is suspected.
An arrest triggers two simultaneous proceedings:
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A criminal case in circuit court (Cook, DuPage, Will, or Lake County).
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An administrative process through the Secretary of State’s office.
A conviction in either forum can trigger disqualification. Even “court supervision” may be reported federally as a conviction under 49 C.F.R. § 384.226. Without representation, a driver may inadvertently accept an outcome that satisfies the court but destroys the license.
Penalties and Collateral Consequences
A first DUI while operating a CMV (625 ILCS 5/11-501) results in at least a one-year CDL disqualification, regardless of the criminal sentence. A second such offense results in lifetime loss of CDL eligibility.
Convictions for serious traffic violations—speeding, following too closely (625 ILCS 5/11-710), or improper lane use (625 ILCS 5/11-709)—build toward automatic suspensions. Out-of-service order violations carry 180 days to two years of disqualification under 625 ILCS 5/6-514(c).
Beyond license penalties, employers often terminate drivers immediately after notice of disqualification, and insurers may refuse coverage. For independent owner-operators, that means trucks sit idle and contracts vanish overnight.
A Chicago Example: Fighting a CDL DUI in Jefferson Park
A long-haul driver from Jefferson Park was arrested after being accused of weaving near the Kennedy Expressway. A breath test read 0.06 BAC—below the general Illinois limit, but above the CDL threshold of 0.04. Charged under 625 ILCS 5/11-501 and facing a one-year CDL ban, he retained our firm.
We subpoenaed calibration records for the Intoximeter EC/IR II and discovered that the device’s maintenance log was incomplete in violation of Illinois Administrative Code § 1286.200. The court suppressed the test results, and the State agreed to reduce the charge to improper lane usage (625 ILCS 5/11-709). Because that violation was treated as a non-serious offense for CDL purposes, the driver avoided disqualification and returned to work within weeks.
This kind of result requires meticulous review of technical evidence—something that only a seasoned criminal defense attorney familiar with CDL standards can accomplish.
The Defense Process and Why Legal Counsel Matters
From the first court appearance to final disposition, CDL defense demands aggressive attention. After arraignment, discovery is the key phase. We request all police body-cam footage, dispatch logs, and testing certifications. Illinois law (725 ILCS 5/114-12) allows us to challenge unlawful stops or searches through motions to suppress.
If the arresting officer lacked probable cause or mishandled testing equipment, the prosecution’s foundation crumbles. Even if evidence remains strong, our office frequently negotiates amendments to prevent the offense from being reported as a CDL disqualifier.
At trial, cross-examination often focuses on inconsistencies in officer testimony, poor documentation of road conditions, or failure to observe the driver for the required 20 minutes before testing. Many CDL cases hinge on these small procedural errors.
Legal Defenses Commonly Used in CDL Disqualification Cases
Every case is unique, but defenses often include:
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Improper Stop: The officer lacked a valid reason to initiate contact, violating the Fourth Amendment.
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Faulty Testing Procedures: Breath or blood testing not conducted per Illinois Administrative Code § 1286.310.
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Non-Commercial Operation: The vehicle at issue was not a CMV under 49 C.F.R. § 390.5, meaning the CDL disqualification rule does not apply.
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Administrative Error: The Secretary of State recorded the wrong violation code or applied FMCSA rules incorrectly.
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Constitutional Violations: Statements obtained without Miranda warnings or coercive tactics.
Our strategy depends on whether the goal is acquittal, reduction, or administrative reinstatement. Each path requires knowledge of how the Illinois Secretary of State interprets federal regulations.
Choosing the Right Chicago CDL Defense Lawyer
When your career is on the line, choose a lawyer who appears frequently in Cook County’s criminal and traffic courts and understands both Illinois and federal commercial transport law. Communication is equally important; your attorney should keep you informed at every stage and explain both courtroom and Secretary of State processes in plain language.
At The Law Offices of David L. Freidberg, we have represented CDL holders for decades—from tractor-trailer operators to delivery drivers for major logistics companies. Our office prepares every case as though it will go to trial and remains available 24/7 because commercial drivers often face enforcement actions outside business hours.
Frequently Asked Questions: Chicago CDL Defense
Can I drive my personal car if my CDL is disqualified?
Yes. A CDL disqualification removes only your commercial privileges. However, if the underlying offense also suspends your base license, you cannot drive any vehicle until reinstated.
Does a plea of guilty to reckless driving affect my CDL?
Possibly. Reckless driving (625 ILCS 5/11-503) is a serious traffic violation under 49 C.F.R. § 383.51(c). Two such convictions within three years can result in a 60-day disqualification.
What if I was charged out of state?
All states share CDL data through CDLIS. A conviction in Indiana, Wisconsin, or elsewhere is transmitted to Illinois and treated as if it occurred here.
Can I request a hearing to challenge disqualification?
Yes. Under 92 Ill. Adm. Code 1040.20, you may request an administrative hearing with the Secretary of State within 20 days of notice. Representation at this hearing is vital because the burden of proof falls on the driver.
Are cellphone violations disqualifying?
Texting or using a hand-held phone while driving a CMV violates 625 ILCS 5/12-610.2 and 49 C.F.R. § 392.80. Two violations within three years can suspend your CDL for 60 days.
What happens if I refuse a chemical test?
Refusal under 625 ILCS 5/11-501.1 is treated the same as a DUI conviction for CDL purposes: one year disqualification for the first offense, lifetime for the second.
Does an expungement remove a CDL disqualification?
No. CDL records are governed by federal law. Even sealed or expunged state cases may remain visible in the federal CDLIS database.
Can my CDL ever be reinstated after a lifetime ban?
Possibly. Illinois allows reinstatement after 10 years if you complete an approved rehabilitation program and demonstrate safe-driving history. The decision rests solely with the Secretary of State.
Why should I hire a Chicago criminal defense lawyer instead of handling it myself?
Because the smallest procedural mistake—accepting supervision, paying a fine, or missing a filing deadline—can cause an irreversible career loss. A lawyer ensures the record reflects a non-disqualifying outcome whenever possible.
Why Drivers Choose The Law Offices of David L. Freidberg
Our firm understands what is truly at stake. We defend CDL holders throughout Chicago, Cook County, DuPage County, Will County, and Lake County. We analyze every piece of evidence, challenge each procedural step, and fight for reinstatement before the Secretary of State.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
