Chicago Criminal Lawyer Blog
A Closer Look at First-Time DUI Charges in Chicago
Driving through the city streets of Chicago, whether on Lake Shore Drive or near the bars in Wrigleyville, comes with risks—especially when alcohol is involved. For those arrested and charged with a first DUI in Illinois, the shock of facing criminal prosecution can be overwhelming. Many people ask the same question: “Will I go to jail for my first DUI?” The answer is not a simple yes or no, but jail time is absolutely on the table depending on the facts of the case.
Under Illinois law, a first-offense DUI is charged as a Class A misdemeanor. This means the judge can impose up to 364 days in jail and a fine of up to $2,500, pursuant to 625 ILCS 5/11-501. It is not treated as a traffic ticket. It is a crime. And while not every first-time offender will receive jail time, there are many cases where judges do sentence defendants to time behind bars.
Criminal Process for First-Time DUI Arrests in Illinois
When someone is pulled over on suspicion of DUI in Chicago, the police may initiate a DUI investigation by conducting field sobriety tests or requesting a breath sample. If the officer determines probable cause exists, the driver is arrested and transported for booking. This is often followed by a chemical test for BAC levels, either through breath, blood, or urine.
After arrest, the driver is issued a notice of statutory summary suspension of their driving privileges. This administrative penalty applies whether or not the person is ultimately convicted. The criminal process runs on a separate track in the court system.
At arraignment, the defendant is formally charged, and the case proceeds to pretrial conferences, motions, and potentially trial. This is where experienced legal defense becomes essential. Prosecutors in Cook County aggressively prosecute DUI charges, and without legal representation, a first-time offender may unknowingly walk into a conviction with serious penalties.
Penalties and Sentencing Possibilities
Even a first-offense DUI conviction comes with several possible sanctions. These include up to one year in jail, driver’s license revocation, mandatory fines and fees, and alcohol counseling or classes. In many cases, judges will consider alternative sentences such as supervision, particularly if there were no injuries or aggravating circumstances.
But it is important to know that certain facts can turn a first-time misdemeanor into a felony DUI. For instance, under 625 ILCS 5/11-501(d)(1)(J), if a person was transporting a child under the age of 16 while under the influence and caused a crash resulting in injury, the charge becomes a Class 2 felony.
Even without injury, having a BAC of 0.16 or more triggers mandatory sentencing requirements, including a minimum of 100 hours of community service and a $500 fine under subsection (c)(3) of the same statute. If these factors are present, judges are often more inclined to impose jail.
Understanding Statutory Summary Suspension vs. Criminal Penalties
Many defendants don’t realize they face two separate legal consequences after a DUI arrest in Illinois. The statutory summary suspension is an administrative action by the Secretary of State that begins 46 days after arrest unless it is challenged in court. It applies whether you refused testing or failed it.
On the criminal side, if you are convicted, your driver’s license is revoked for at least one year, and you may be required to install a BAIID device to regain driving privileges under a Monitoring Device Driving Permit (MDDP).
Case Example: No Jail for a First-Time DUI Arrest in Logan Square
Our client, a 42-year-old professional with no prior criminal record, was pulled over for swerving and arrested after submitting to a breath test that showed a BAC of 0.10. She was terrified she might lose her job if she went to jail. Upon review, we discovered the breathalyzer used was overdue for calibration and the officer’s dashboard camera showed no signs of poor driving.
We filed a motion to suppress the breath test and challenged the validity of the stop. The prosecutor ultimately agreed to reduce the charge to reckless driving and grant supervision. The client avoided jail, kept her license, and avoided a DUI conviction altogether.
What Police and Prosecutors Rely On as Evidence
A DUI prosecution typically centers around three types of evidence: officer observations, chemical test results, and physical or video evidence. Police will often note slurred speech, red eyes, fumbling, and an odor of alcohol. Field sobriety tests such as the walk-and-turn or one-leg stand are subjective and can be challenged.
Chemical evidence must follow strict chain-of-custody procedures and involve equipment that is maintained and operated according to Illinois regulations. We examine every detail to see if the evidence can be suppressed or discredited.
Defending Against a First-Time DUI in Court
Every DUI case is different, and that’s why a one-size-fits-all approach doesn’t work. Effective DUI defense strategies include challenging the legality of the traffic stop, contesting the administration or results of chemical tests, arguing for medical explanations for observed behavior, and even introducing expert testimony.
A motion to quash arrest or suppress evidence can result in dismissal if granted. An experienced defense attorney will know when and how to file these motions and how to prepare for trial if necessary.
What You Should Ask During a DUI Lawyer Consultation
Don’t assume all attorneys are the same. Ask these questions:
How many DUI cases have you handled in this courthouse? What types of sentencing outcomes have you achieved? Do you know the judge or prosecutor in my case? Can you identify any potential defenses in my case? Will you personally handle my case from start to finish?
These questions help you gauge whether the attorney has the experience and focus to get results in your specific case.
Why First-Timers Still Need a DUI Attorney
Some first-time offenders believe they don’t need an attorney, especially if they think they were clearly over the limit. That is a serious mistake. Without representation, you could unknowingly plead guilty to a permanent conviction, lose driving privileges for longer than necessary, or even end up behind bars when other options were available.
Legal representation ensures your rights are protected, weaknesses in the State’s case are explored, and the best possible outcome is pursued. You have one shot to handle a first DUI correctly—don’t go it alone.
Why Clients Trust The Law Offices of David L. Freidberg
At The Law Offices of David L. Freidberg, we treat each case like it matters—because it does. We have successfully defended first-time DUI clients throughout Chicago and the surrounding counties, often securing dismissals, reductions, and supervision in cases that seemed hopeless at first.
Our knowledge of Illinois DUI laws, commitment to client advocacy, and relentless case analysis have helped hundreds of clients avoid jail, keep their licenses, and protect their futures.
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.
