Chicago Criminal Lawyer Blog

July 22, 2025

First DUI in Illinois: What You Need to Know About Jail Time and Your Rights

by Law Offices of David L. Freidberg, P.C.

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.

July 21, 2025

When BAC Tests Are Wrong

by Law Offices of David L. Freidberg, P.C.

DUI Arrests in Chicago Often Rely on Bad Science—Don’t Let a Machine Decide Your Fate

If you were pulled over and arrested for DUI in Chicago, chances are the police relied on a breath or blood test to measure your blood alcohol concentration, or BAC. While these tests are often portrayed in court as infallible scientific proof, the truth is far murkier. Machines malfunction. Blood samples spoil. Officers skip steps. And innocent people face harsh consequences based on unreliable test results.

Under Illinois law—specifically 625 ILCS 5/11-501—it’s illegal to drive with a BAC of 0.08% or more. That level applies regardless of whether you felt drunk or not. If your BAC was over the legal limit, even slightly, you may be charged with a Class A misdemeanor DUI. But that’s just the starting point. If your BAC is exceptionally high or you have other aggravating circumstances, your misdemeanor DUI could quickly turn into a felony—a life-changing event with long-term consequences.

July 20, 2025

License at Risk: What Illinois Drivers Need to Know After a DUI Arrest

by Law Offices of David L. Freidberg, P.C.

Understanding the Real Consequences of a DUI Arrest on Your Driving Privileges in Chicago and Beyond

If you’ve been arrested for DUI in Illinois, the law doesn’t wait for a conviction before acting against your license. In fact, the moment you are arrested, you’re already facing an administrative process that can take away your ability to drive—sometimes for months or even years. What happens next can be confusing, fast-paced, and deeply frustrating, especially if you rely on your vehicle for work, school, or your family.

In Chicago, where courtrooms handle thousands of DUI cases every year, knowing your legal options is the key to protecting your future. If your license matters to you, don’t make the mistake of thinking you’ll get a second chance without a fight.

July 19, 2025

What Makes a DUI Charge ‘Aggravated’ Under Illinois Law?

by Law Offices of David L. Freidberg, P.C.

In Chicago, DUI arrests are a common occurrence, particularly during weekends, holidays, and special events. But not every DUI charge carries the same weight. Illinois law distinguishes between a standard DUI, typically charged as a misdemeanor, and an aggravated DUI, which significantly elevates the legal consequences due to specific aggravating factors. These aggravating elements can turn a misdemeanor DUI into a felony, exposing individuals to much harsher penalties and long-term consequences.

In Illinois, criminal offenses are categorized into misdemeanors and felonies. Misdemeanors are less severe and typically result in jail time of up to one year in county jail. Felonies, on the other hand, are much more serious and carry penalties that include over a year in state prison, substantial fines, loss of civil rights, and a permanent mark on one’s criminal record. An aggravated DUI falls squarely in the felony category and often involves bodily harm, prior offenses, or certain aggravating circumstances such as transporting minors or lacking a valid driver’s license.

Statutory Elements and Penalties Under Illinois Law

July 18, 2025

Avoiding Costly Errors After a DUI Arrest in Illinois

by Law Offices of David L. Freidberg, P.C.

The High Cost of Missteps After a Chicago DUI Arrest

In Chicago, DUI enforcement is a daily priority for law enforcement across the city and surrounding counties. Whether you’re stopped near Wrigleyville, the Loop, or the Kennedy Expressway, being arrested for DUI can alter the course of your life. In Illinois, DUI offenses are classified under 625 ILCS 5/11-501 and range from misdemeanors to felonies. A standard first-time DUI is a Class A misdemeanor, but any aggravating factor—such as bodily harm, a child passenger, or a prior DUI—can instantly raise the charge to a Class 2 or even Class 1 felony.

Once the arrest occurs, the clock starts ticking. The State begins gathering evidence. Your license may already be under statutory suspension. The prosecution is already building a case against you. What you do—or fail to do—within days of your arrest can have a significant impact on whether you walk away with a conviction or get the charges reduced or dismissed. Here’s how to avoid the most damaging mistakes that Illinois drivers make after a DUI arrest.

July 17, 2025

Immigration Consequences of Criminal Charges in Illinois: What Every Non-Citizen Should Know

by Law Offices of David L. Freidberg, P.C.

Chicago is home to one of the largest immigrant populations in the country. People from all over the world come here to live, work, and raise their families. But when someone without U.S. citizenship is arrested for a crime in Illinois, the consequences can extend far beyond the criminal courtroom. A conviction—whether for a misdemeanor or felony—can impact everything from your ability to remain in the country to your eligibility for work permits, green cards, and citizenship. Even if the charges are eventually dropped, an arrest alone can trigger contact with Immigration and Customs Enforcement (ICE).

At The Law Offices of David L. Freidberg, we represent non-citizens facing criminal charges throughout Chicago and the surrounding counties. Our job is not just to protect your rights in criminal court, but to help you avoid permanent immigration consequences that can upend your life.

Understanding How State Charges Affect Federal Immigration Status

July 16, 2025

Facing DUI Manslaughter Charges in Illinois?

by Law Offices of David L. Freidberg, P.C.

What Chicago Drivers Should Understand

Chicago is a city of motion—busy streets, high-speed expressways, and constant movement. But with that activity comes danger, especially when impaired driving leads to a fatal outcome. DUI manslaughter, though commonly used in public conversation, is not an official term in Illinois criminal law. The actual charge is “reckless homicide” when a death is caused by driving under the influence. The statute that governs this offense is 720 ILCS 5/9-3. It is one of the most serious criminal charges a person can face, and it’s always a felony.

In Illinois, all crimes are categorized as either misdemeanors or felonies. A DUI that results in someone’s death automatically elevates the case into felony territory. Even if the accused had no criminal history and did not intend to harm anyone, the law imposes strict consequences. Prosecutors are often aggressive in these cases, especially in fatal collisions involving children, construction workers, or emergency responders.

July 15, 2025

Understanding Felony DUI in Illinois: When Impaired Driving Becomes a Life-Changing Criminal Charge

by Law Offices of David L. Freidberg, P.C.

In Illinois, not all DUI charges are created equal. While a typical DUI may be charged as a misdemeanor, certain circumstances trigger enhanced charges that carry felony consequences. These are known as aggravated DUIs. In Chicago and across Cook County, drivers who are accused of causing injury, driving without a license, or having prior DUI convictions can find themselves facing felony prosecution—even for actions that may not have seemed serious at the time of arrest.

Felony DUI charges are aggressively prosecuted in Illinois, especially in the urban core of Chicago. Local courts are busy, and prosecutors are under pressure to demonstrate they are cracking down on impaired driving. That’s why understanding how a DUI becomes a felony, what happens during the criminal process, and what defenses you may have is critical for anyone charged with this offense.

What Is an Aggravated DUI in Illinois?

July 14, 2025

How to Get Your License Back After a Second DUI in Illinois

by Law Offices of David L. Freidberg, P.C.

The Road to Reinstatement Isn’t Automatic—Especially After a Second DUI

If you’ve been convicted of a second DUI in Illinois, your driving privileges are no longer merely suspended—they are revoked. This distinction matters. A suspension has an end date. A revocation doesn’t. In Chicago and throughout Cook County, as well as in DuPage, Will, and Lake Counties, a second DUI means facing a minimum five-year revocation if your first offense occurred within the past 20 years.

Reinstating your license after a second DUI conviction is a complicated and time-consuming process that requires formal hearings with the Illinois Secretary of State. It’s not enough to wait out the revocation period. You must prove rehabilitation, demonstrate you’re no longer a risk to public safety, and comply with stringent documentation and treatment requirements.

July 13, 2025

First-Time DUI in Illinois: Understanding Penalties, Sentencing, and Legal Relief Options

by Law Offices of David L. Freidberg, P.C.

Getting arrested for driving under the influence in Chicago can be a life-altering event, especially if it’s your first encounter with the criminal justice system. The penalties for a first DUI offense in Illinois are far more severe than many expect, and the consequences extend far beyond fines and a suspended license. Whether you’re facing charges in Cook County or another part of the state, it’s crucial to understand what you’re up against, how the criminal process works, and why legal representation can make all the difference in the outcome of your case.

Chicago DUI Arrests and Misdemeanor Charges Explained

In Illinois, a first-time DUI is typically classified as a Class A misdemeanor. Under 625 ILCS 5/11-501, this charge applies when a person operates or is in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination of both. The legal limit is a blood alcohol concentration (BAC) of 0.08%. However, drivers can still be arrested with a lower BAC if police claim their ability to drive was impaired.