Chicago Criminal Lawyer Blog
Driving under the influence is one of the most aggressively prosecuted charges in Chicago and across Cook County. But not every DUI arrest is based on a lawful stop or justified arrest. As a Chicago DUI defense lawyer with decades of courtroom experience, I can tell you this: if the officer had no probable cause to stop your vehicle or make an arrest, your entire case may collapse before it even reaches trial.
Whether you were pulled over in Logan Square, stopped near Soldier Field, or arrested after leaving a restaurant in West Loop, you still have constitutional rights. Those rights begin the moment an officer engages you. And in many DUI cases, police officers act too quickly or arrest without having the required facts. That’s where a skilled defense attorney steps in.
What Is Probable Cause and Why It Matters in a DUI Case
Illinois law requires law enforcement to have a valid legal basis before initiating a traffic stop or making an arrest. The legal term for that threshold is “probable cause.” Under the Fourth Amendment to the U.S. Constitution, as well as Article I, Section 6 of the Illinois Constitution, no one can be stopped, searched, or arrested without reasonable, articulable suspicion for the stop and probable cause for the arrest.
In the context of DUI, probable cause means the officer must have sufficient facts and observations that reasonably indicate the driver was impaired or committed a traffic violation. That could include:
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Swerving or erratic driving
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Smell of alcohol
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Slurred speech
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Failing field sobriety tests
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Admitting to drinking
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An open container in the vehicle
But if none of those factors are present — or if the officer just had a “hunch” — then there’s a major legal issue.
When the Stop Is Illegal: The Foundation of Your DUI Defense
If an officer pulls you over without a specific reason, any evidence gathered after that point could be considered fruit of the poisonous tree — meaning it’s inadmissible in court. Illinois courts have consistently held that officers must be able to articulate a specific reason for the stop.
Consider a situation where someone is pulled over in Bronzeville simply because they’re driving late at night on a quiet street. If the driver isn’t speeding, weaving, or breaking any laws, there’s no legal justification for the stop. Any field sobriety testing or breath results that follow may be suppressed.
A successful motion to suppress based on lack of probable cause can completely destroy the prosecutor’s case, leading to a dismissal.
Arrest Without Probable Cause: Illegal DUI Arrests in Chicago
Even if the traffic stop was valid, the arrest itself must still be based on probable cause. For example, an officer may smell alcohol on your breath but observe that you are coherent, walking steadily, and passing the field sobriety tests. In that case, arresting you may be unlawful.
Without enough facts to show actual impairment, the arrest lacks legal grounds. That opens the door for your defense attorney to file a motion to suppress the arrest and all evidence obtained afterward, including chemical test results and statements.
A Fictional Example: A Case That Should Never Have Been Filed
A client was pulled over in the Bridgeport area after exiting the Dan Ryan Expressway. The officer claimed the vehicle was “going too slow” for traffic conditions, but there were no speed limit violations. No weaving. No erratic turns. The stop was made without a traffic violation.
During the stop, the officer noted that the driver had “slightly bloodshot eyes” and was “nervous.” That was the full basis for asking the client to step out and perform field sobriety tests, which the client completed with no issues.
Despite passing the tests, the officer arrested the driver based on “overall demeanor.” We filed a motion to suppress both the stop and the arrest, pointing out that no specific traffic law was violated and no observations supported intoxication. The judge granted the motion, and the case was thrown out.
This scenario plays out more often than you might think. Many DUI arrests in Chicago are based on assumptions — not facts. And that’s why legal defense starts with challenging the traffic stop and arrest itself.
What Police Try to Use Against You in a DUI Case
From the moment you’re pulled over, everything you say or do may become part of the officer’s case. Common types of evidence in DUI prosecutions include:
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Dashcam footage from the patrol car
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Bodycam footage from the officer
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Observations of your behavior, demeanor, and physical appearance
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Field sobriety test results
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Preliminary breath test results (PBT)
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Chemical test results from a breathalyzer or blood draw
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Any statements or admissions you make
A skilled DUI lawyer will evaluate whether this evidence was lawfully obtained. If the stop or arrest was illegal, we can move to exclude most or all of it.
How DUI Cases Move Through the Courts in Illinois
If you’re arrested for DUI in Chicago, your case will likely begin in the Cook County Circuit Court. The court process includes:
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Bond Court (first appearance): Usually within 24 hours
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Arraignment: You’re formally charged and enter a plea
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Pretrial Conferences: Your attorney and prosecutor meet to discuss the case
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Motion Hearings: Your lawyer may file motions to suppress evidence
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Trial: If no plea agreement is reached, your case proceeds to a bench or jury trial
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Sentencing: If found guilty, penalties are imposed under 625 ILCS 5/11-501
Every one of these stages is critical. Your lawyer will file pretrial motions, negotiate with the State’s Attorney, and prepare a strong courtroom strategy.
Penalties for DUI Conviction in Illinois
The penalties for DUI under Illinois law depend on the facts and your record:
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First DUI (Misdemeanor): Up to 1 year in jail, $2,500 fine, 6-12 month license suspension
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Second DUI: Mandatory jail time or community service, longer suspension, potential vehicle impoundment
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Third DUI (Felony): Class 2 felony, 3-7 years in prison, revocation of license
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Aggravated DUI: Involves child passengers, injury, or driving on a suspended license — Class 4 or higher felony
Even if you avoid jail, a conviction stays on your permanent criminal record and cannot be sealed or expunged.
Additional Consequences Beyond Jail
The impact of a DUI conviction extends far beyond court. You may face:
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License suspension or revocation
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Increased insurance premiums
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Loss of job (especially for commercial drivers or professionals)
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Immigration consequences
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Professional license disciplinary action
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Travel restrictions
That’s why it’s crucial to fight the charge from the beginning.
Why a Private DUI Defense Lawyer Can Make the Difference
While court-appointed attorneys are available in DUI cases, hiring a private attorney gives you the advantage of focused attention, experience, and preparation. When you hire The Law Offices of David L. Freidberg, you get personalized legal support from a Chicago criminal defense attorney with decades of courtroom experience.
We investigate every detail of your case, review every second of bodycam footage, challenge unlawful procedures, and prepare for trial if needed. Prosecutors know which lawyers fight — and that matters in how your case is handled.
Frequently Asked Questions – Lack of Probable Cause DUI Arrests in Chicago
Can I really get a DUI dismissed just because the officer didn’t have probable cause?
Yes. If the stop or arrest was made without legal justification, the evidence may be thrown out. Judges take constitutional rights seriously, and lack of probable cause is one of the strongest DUI defenses available in Illinois.
What is the difference between reasonable suspicion and probable cause?
Reasonable suspicion is what justifies a traffic stop. Probable cause is what’s required to make an arrest. If an officer has only a vague suspicion — like “the driver looked nervous” — that may not be enough.
Do I have to do field sobriety tests?
No. Field sobriety tests are voluntary in Illinois. However, refusing them may raise suspicion. A good attorney can explain how refusals are treated based on your specific case.
If I refused the breath test, can I still fight the charge?
Yes. Refusing the breath test may result in license suspension under Illinois’ statutory summary suspension law, but it also deprives the State of a key piece of evidence. Many cases with a refusal are still beatable — especially if the stop or arrest was unlawful.
What happens if my motion to suppress is denied?
The case proceeds to trial unless you resolve it through negotiation. A denial doesn’t mean you’ll be convicted — it just means the judge believes the evidence can be considered. Your lawyer can still challenge it at trial.
Can my case be reduced to reckless driving?
Yes. In many first-time DUI cases, an experienced defense attorney can negotiate a reduction to reckless driving, which avoids the stigma and penalties of a DUI conviction.
How long will a DUI stay on my record?
Forever. DUI convictions in Illinois cannot be sealed or expunged. That’s why a dismissal or reduction is critical.
What if I was pulled over at a DUI checkpoint? Do those require probable cause?
Yes, but in a different way. DUI checkpoints must follow strict legal guidelines. If the checkpoint is not properly set up or operated, the stop may be illegal.
Why You Need a Chicago DUI Defense Attorney Now
If you’re facing DUI charges based on a bad stop or questionable arrest, time is not on your side. The State will begin building a case immediately. Without an aggressive legal defense, you could lose your license, your job, and your future. The Law Offices of David L. Freidberg fights DUI cases across Cook County and beyond. We understand how to challenge stops, suppress evidence, and win in court.
Call The Law Offices of David L. Freidberg – Chicago DUI Defense Lawyer
Don’t face DUI charges alone. Whether you were stopped in downtown Chicago, Oak Lawn, Skokie, Cicero, or Schaumburg — we can help. The Law Offices of David L. Freidberg offers aggressive, experienced DUI defense across Cook County, DuPage County, Will County, and Lake County.
When You Need a Fighter, Call Us!
Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI 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.
