Chicago Criminal Lawyer Blog
If you were arrested for DUI in Chicago, your future could hinge on evidence collected in a matter of minutes. In Illinois, prosecutors don’t rely on one smoking gun. They use layers of evidence — police reports, chemical test results, bodycam footage, and field observations — to build a case that looks stronger than it may actually be. Understanding this process is the first step toward building your defense.
Under Illinois law (625 ILCS 5/11-501), it is a criminal offense to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or any combination of intoxicating substances. First offenses are misdemeanors, but enhanced circumstances can lead to felony charges. For instance, a DUI with a suspended license or one that causes serious injury can become a Class 4 or Class 2 felony.
Most DUI investigations start with a traffic stop. The officer must have a legally valid reason — like failure to maintain lane position or speeding. What happens next is crucial. Officers immediately begin collecting visual and verbal evidence. They observe if your speech is slurred, your eyes are red or watery, or if there’s an odor of alcohol.
Field sobriety tests are next. These include walking a straight line or standing on one leg. They are presented in court as indicators of impairment, but many people fail them due to nerves, medical conditions, or bad lighting — not intoxication.
The chemical testing process is where prosecutors gain some of their strongest leverage. At the station, you’re asked to blow into an evidentiary breathalyzer machine. If you blow over the legal limit (0.08 BAC), it will be a key piece of evidence. If you refuse the test, prosecutors will argue that your refusal was due to guilt — and you’ll still face a statutory summary suspension of your license.
Dashcams and bodycams are increasingly important. Prosecutors use these recordings to bolster officer testimony. But what they show doesn’t always support the charge. We’ve used such footage to show clients complying calmly, speaking clearly, and not displaying any signs of intoxication — contradicting what was written in the police report.
In cases involving drugs, a blood or urine test may be submitted. But these results only show the presence of a substance, not whether it was active in your system or caused impairment at the time. This is often where we can bring in medical and forensic experts to challenge the state’s case.
Every DUI case presents unique challenges and opportunities. The Law Offices of David L. Freidberg has decades of experience uncovering flaws in DUI evidence and holding law enforcement accountable. A strong defense starts with understanding every piece of evidence against you — and knowing how to dismantle it.
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.
