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A Guide from a Chicago Defense Attorney

Getting arrested in Chicago can turn your world upside down. Whether you’re accused of shoplifting or facing serious charges like aggravated battery, the road ahead is difficult—but it’s not one you have to walk alone. At The Law Offices of David L. Freidberg, we’ve represented thousands of clients throughout Cook County and beyond, and we know how the Illinois criminal trial process works from the inside out. If you’re wondering what comes next after an arrest, here’s what you need to know.

How Criminal Cases Begin in Chicago and the Surrounding Counties

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Medical Misdiagnosis or DUI? What Every Chicago Driver Needs to Know

If you’ve been accused of driving under the influence in Chicago, but you suffer from a medical condition that could have caused symptoms mistaken for impairment, your case is far from hopeless. In fact, your health could be the key factor that explains why you were wrongly arrested.

Every day in Cook County, people are pulled over and arrested for DUI based on signs like unsteady walking, slurred speech, or confusion—all of which can be caused by legitimate medical conditions. Unfortunately, law enforcement isn’t always trained to spot the difference between intoxication and a health crisis. When that happens, you can end up facing serious charges that could change the course of your life.

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A DUI arrest can feel overwhelming, especially when it begins with a traffic stop that doesn’t seem fair or justified. In Chicago, law enforcement officers are required to follow specific legal procedures before pulling over a driver and conducting an investigation for driving under the influence. But all too often, those procedures are ignored or stretched beyond their lawful limits. If you’ve been charged with DUI and believe the stop was illegal, you need to know your rights and how a skilled attorney can help fight back.

Illinois law requires police to have either probable cause or reasonable suspicion before stopping a vehicle. This standard comes from both the Fourth Amendment to the U.S. Constitution and Illinois case law interpreting those protections. Reasonable suspicion is a lower standard than probable cause, but it still requires a factual basis. An officer must be able to point to specific, observable facts—not just a vague feeling or hunch—that suggest a law has been broken or is in the process of being broken.

One of the most common justifications for DUI stops is the alleged commission of a minor traffic violation. Chicago police frequently cite claims such as improper lane usage, failure to use a turn signal, or rolling through a stop sign. While any of these may support a stop if they actually occurred, many are exaggerated or nonexistent. Officers sometimes rely on these claims as pretexts to initiate stops based on a driver’s appearance, neighborhood, or time of day.

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Driving under the influence (DUI) in Illinois is already a serious criminal charge. But if you’re arrested for DUI while also not having a valid driver’s license, the situation becomes significantly more severe. This isn’t just a traffic ticket—it’s a complex legal matter that could lead to jail time, steep fines, and long-term damage to your record. As a Chicago DUI defense attorney with decades of experience, I’ve represented clients in some of the most difficult situations—including DUI cases where no valid license was ever issued, the license was expired, or it was previously suspended or revoked.

Let’s take a closer look at how Illinois treats DUI charges when the driver is unlicensed and how we can fight back.

Chicago’s Tough Stance on DUI and Driving Without a License

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A traffic stop can go from routine to life-changing in a matter of minutes—especially if you live with diabetes or another condition that causes low blood sugar. Every day in Chicago and throughout Illinois, drivers are misjudged by police officers who mistake symptoms of hypoglycemia or diabetic ketoacidosis (DKA) for intoxication. For those individuals, the experience is not just frightening—it can result in wrongful arrest, license suspension, and criminal charges.

If you’re facing DUI charges after experiencing a diabetic episode, the most important thing you can do is consult a lawyer who understands how medical conditions intersect with Illinois DUI law. At The Law Offices of David L. Freidberg, we’ve represented clients across Cook County who were charged based on faulty assumptions, not facts. We know how to dismantle these cases—and protect your freedom, your license, and your future.

The Medical Reality: Hypoglycemia and DUI Symptoms Look Alarmingly Similar

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The Legal Gamble: What You Risk and What You Gain by Refusing a Breath Test in Illinois

The flashing red and blue lights behind you, the sound of your own heartbeat pounding in your ears, and a uniformed officer asking you to take a breath test—it’s a moment that can change your life. If you’ve found yourself in this situation in Chicago or anywhere in Illinois, you may be wondering whether refusing that breath test was the right move—or if it’s something you should do if it ever happens again.

The reality is this: refusing a breath test in Illinois isn’t a legal loophole or a “get out of jail free” card. But it also doesn’t automatically make things worse. Whether or not refusal is a good idea depends entirely on the facts surrounding the stop, your driving record, and how your defense attorney handles the case from the start.

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You’ve just been pulled over by the police in Chicago. The lights are flashing, the officer is at your window, and soon after a series of questions, you’re being asked to take a breath test—or submit to blood or urine testing. You hesitate. Maybe you’ve had a drink or two. Maybe you haven’t. But you’ve heard stories. Maybe someone told you refusing the test helps your case. But is that true? And what happens next?

In Illinois, refusing a chemical test doesn’t automatically mean you’re guilty—or safe. What it does is trigger a serious legal process that includes an automatic license suspension, potential criminal prosecution, and a courtroom battle that could leave you with a permanent record if you don’t take the right steps. If this sounds like your situation, you need to understand what the law says, what your rights are, and why hiring a DUI attorney immediately is the only smart move you can make.

What Happens When You Refuse a Breath, Blood, or Urine Test in Illinois?

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Most people believe that to be arrested for DUI in Illinois, you must be caught driving under the influence. But Illinois law says otherwise. You can be charged with DUI even if the engine is off and the car is in park. This is because Illinois law allows drivers to be arrested not just for driving, but also for being in “actual physical control” of a vehicle while impaired. If you’ve been charged with DUI under this rule, you’re not alone—and you do have options.

The term “physical control” has led to thousands of arrests across Chicago and Cook County. Often, the people charged were doing what they thought was the responsible thing—pulling over to sleep it off or waiting for a rideshare driver. Unfortunately, police don’t always interpret those actions kindly. If you’re in the driver’s seat with the keys nearby, prosecutors may try to build a case that you were capable of driving, and therefore in violation of DUI laws.

Understanding how physical control works under Illinois law is the first step in fighting the charge. The next is making sure you have a defense strategy backed by legal knowledge and courtroom experience.

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Field sobriety tests are designed to give law enforcement officers a tool to assess impairment, but they are not mandatory in Illinois. If you refused a field sobriety test during a DUI stop in Chicago, you did not break the law. Still, you may have been arrested anyway. Now you’re facing court dates, license suspension, and potentially a criminal record. The most important question you’re asking yourself might be: “Do I really need a lawyer if I refused the test?” The answer is yes—especially in Chicago, where DUI laws are harsh and the courts move fast.

Refusing a field sobriety test changes the way your case will be handled, but it doesn’t protect you from prosecution. In fact, it may prompt the officer to look even more closely for other signs of impairment and proceed with arrest. A good DUI attorney can help you challenge the state’s evidence, protect your license, and defend your rights in court.

Chicago’s Approach to DUI Arrests Without Sobriety Tests

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Every year in Chicago and throughout Illinois, thousands of drivers are pulled over on suspicion of DUI. Many of them are asked to perform field sobriety tests on the side of the road—tests that are difficult under the best of conditions, and often misunderstood by drivers. Some people refuse. Others are too nervous or confused to decide. If you refused a field sobriety test and are now wondering whether you should hire a DUI attorney, there’s one clear answer: Yes, and as soon as possible.

Refusing a field sobriety test changes the nature of your case. It removes one piece of evidence from the prosecutor’s toolbox—but it also puts more pressure on everything else the officer observed. If your defense isn’t properly structured early in the process, that refusal can work against you. But when your case is in the hands of a skilled Illinois DUI lawyer, a refusal can actually become an advantage. The key is getting legal help immediately—before you lose your license, your freedom, or your record.

The Truth About Field Sobriety Tests 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
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5250 Old Orchard Rd
#300
Skokie, IL 60077

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