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The Truth About Implied Consent and Your License

Many drivers in Chicago believe that refusing a breath or blood test during a DUI arrest gives them an edge. Some think no test equals no case. But under Illinois law, the decision to refuse chemical testing has serious and automatic consequences—even if you’re never convicted of DUI. That’s because of a rule called implied consent, and if you drive on Illinois roads, it applies to you whether you realize it or not.

At The Law Offices of David L. Freidberg, we’ve defended countless clients who made the decision to refuse testing and were shocked by what happened next. Their licenses were suspended, their jobs were at risk, and they were fighting not one—but two—legal battles at once.

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It’s a question we hear almost every day from people across Chicago: “How can I be arrested for DUI if I didn’t even blow over the limit?” The truth is simple—Illinois law doesn’t require a failed breath test to arrest or prosecute you for driving under the influence.

At The Law Offices of David L. Freidberg, we’ve defended countless clients charged with DUI based solely on an officer’s judgment. These cases often involve field sobriety tests, subjective observations, and refusals—not scientific proof. And while the law allows officers to make these arrests, it doesn’t mean they’re always right. If you were arrested for DUI despite passing a breath test or refusing it altogether, you still have powerful legal options.

The Legal Standard for DUI Arrests in Illinois

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Most people arrested for driving under the influence in Illinois assume they’re facing a misdemeanor. It’s a natural assumption—especially for first-time offenders. You get pulled over, maybe you fail a field sobriety test or blow slightly over the limit, and you figure the penalties will be manageable. A fine. Maybe a license suspension. Possibly court supervision.

But Illinois law has a way of turning even an ordinary DUI arrest into a felony—sometimes before you even know what happened. Under the right set of facts, a basic DUI charge can escalate quickly into a criminal case that carries years in prison, thousands of dollars in fines, mandatory license revocation, and a permanent felony record.

We’ve seen it happen to business owners in River North, delivery drivers on the South Side, and parents heading home from a dinner in the suburbs. A single misstep can lead to a felony charge, and if you don’t act fast, your options will vanish. That’s why it’s critical to understand how aggravating factors work under Illinois law—and how a skilled defense lawyer can help you avoid the worst.

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Most people in Chicago assume a DUI is only a misdemeanor if it’s your first offense. While that’s often true, Illinois law allows prosecutors to file aggravated DUI charges even against first-time offenders. That means a driver with no prior record could face felony charges and prison time based on certain circumstances.

At The Law Offices of David L. Freidberg, we’ve seen too many people walk into court assuming they’ll get supervision or a fine—only to be blindsided by felony charges. Aggravated DUI isn’t about how many times you’ve been arrested. It’s about the facts of the incident and how prosecutors choose to charge it.

Whether you were in an accident, had a suspended license, or had a child in the vehicle, your DUI could become a felony before your first court date.

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Facing criminal charges in Illinois is never simple. Whether you’ve been arrested for DUI, aggravated battery, or drug possession, the process that unfolds in a Chicago courtroom can be overwhelming—especially if it’s your first time dealing with the criminal justice system. Many people underestimate how long and complex a criminal case can become, or how much is at stake at every single stage.

At The Law Offices of David L. Freidberg, we’ve defended clients through every kind of criminal charge—from Class B misdemeanors to Class X felonies. We know that the key to a strong outcome isn’t just what happens at trial. It’s how the defense is prepared before the case even gets that far.

Here’s what the criminal trial process in Illinois really looks like—and why your defense begins well before your court date.

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If you’ve ever found yourself in a heated moment with law enforcement—whether during a traffic stop, protest, or even an unexpected visit to your home—you know how quickly things can escalate. In Chicago and throughout Illinois, police are quick to assert control over a situation. When emotions run high, it’s not uncommon for those interactions to lead to criminal charges, especially for offenses like resisting arrest or obstruction. But while the terms are often used interchangeably by police, the legal system treats them very differently.

Knowing the difference could mean the difference between a manageable situation and a life-changing criminal conviction. That’s why, if you’ve been accused of either offense, it’s important to understand how Illinois law defines each charge—and how an experienced trial attorney can protect your future.

What Illinois Law Actually Says About These Charges

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Why You Should Never Face This Charge Alone

In Chicago and throughout Illinois, aggravated speeding is not something you can afford to ignore. Many drivers mistakenly believe it’s just a traffic ticket—but the reality is far more serious. Aggravated speeding is a criminal offensethat can lead to jail time, a permanent criminal record, and long-term consequences that affect your job, your license, and your freedom.

At The Law Offices of David L. Freidberg, I’ve spent decades defending clients across Cook County, DuPage County, Lake County, and Will County. Time and again, I’ve seen how this charge can escalate from a momentary lapse in judgment into a full-blown legal crisis. Whether you were clocked at 80 in a 50 or 100 on the expressway, if your speed exceeded the legal threshold, you’re facing a charge under 625 ILCS 5/11-601.5—and the State of Illinois is treating you like a criminal.

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In Chicago and cities across Illinois, people have daily encounters with law enforcement—whether during traffic stops, street encounters, or investigations into a suspected crime. A common question that comes up is: Can I be arrested just for refusing to answer questions from a police officer? While many believe silence is always safe, the legal answer is more nuanced. Knowing when and how your right to remain silent applies can mean the difference between going home and getting arrested.

Illinois residents—particularly those in areas with frequent police activity like Austin, Garfield Ridge, or the South Shore—should understand how silence interacts with Illinois criminal statutes, what exceptions exist, and how to legally protect themselves during encounters with law enforcement.

Your Constitutional Right to Remain Silent

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In Chicago, boating is a favorite pastime during warmer months. With access to Lake Michigan and numerous other waterways, residents and tourists alike take to the water to relax, celebrate, and enjoy the sun. Unfortunately, the mix of alcohol and boating—while often socially accepted—can quickly result in criminal charges. One of the most common and misunderstood charges is Boating Under the Influence (BUI). And when everyone on board has been drinking, confusion escalates: Who can be charged if no one admits to being the operator?

Under Illinois law, the answer is more complicated than most expect. The statute governing BUI doesn’t require clear evidence that someone was actively driving the boat at the time of the stop. In fact, you can be charged simply by being in actual physical control of the vessel—even if it wasn’t in motion. In situations where multiple passengers have consumed alcohol, law enforcement often builds cases on circumstantial evidence and witness statements. And if you think refusing to speak or cooperate will protect you, it could actually put you at greater risk if others speak up first.

As a BUI defense attorney in Chicago with decades of courtroom experience, I’ve defended many clients arrested during what they thought was a harmless boat ride with friends. These cases often begin as simple safety checks and quickly escalate into full-blown criminal investigations.

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It’s a warm weekend afternoon, and you’re enjoying time with friends on your boat near Chicago’s lakefront. Everything seems peaceful until you see flashing blue lights approaching from another vessel. Minutes later, you’re pulled over, questioned, and eventually arrested for Boating Under the Influence (BUI). You weren’t speeding. You didn’t hit anything. So how did this happen—and who exactly had the right to stop you?

This is a situation that happens all too often. In fact, BUI charges in Illinois frequently stem from ambiguous or overly aggressive enforcement actions. Understanding who has the legal authority to stop your boat, what powers they actually have, and how to defend yourself when accused is essential. At The Law Offices of David L. Freidberg, we’ve been defending BUI and DUI cases in Chicago for decades, and we’ve seen firsthand how easy it is for these cases to spiral out of control without proper legal representation.

Who Can Legally Stop a Boat in Illinois?

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Contact Information
Chicago Office
70 W Madison St
#1450
Chicago, IL 60602
Phone: (312) 560-7100
DuPage Office
140 Butterfield Rd
#1500
Oakbrook Terrace, IL 60181
Skokie Office
5250 Old Orchard Rd
#300
Skokie, IL 60077

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