Chicago Criminal Lawyer Blog

December 23, 2025

Can I Avoid A License Suspension After a DUI Arrest in Illinois?

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

DUI Arrests in Chicago and the Risk to Your License

If you’ve been arrested for DUI in Chicago, the loss of your driver’s license is often the first penalty you face—and it can happen before your criminal case even goes to trial. As a Chicago DUI lawyer, I work with clients every day who are shocked to learn their license could be suspended automatically just for being arrested. Whether your case is classified as a misdemeanor or felony, the state has multiple ways of taking your driving privileges, sometimes within days of the arrest.

Under Illinois law, driving under the influence is prosecuted under 625 ILCS 5/11-501, and all DUI charges—misdemeanor or felony—carry the risk of license suspension. Most first and second DUI arrests are Class A misdemeanors, but any aggravating factors, such as driving on a suspended license or causing serious injury, can quickly upgrade the charge to a felony. In either case, the Statutory Summary Suspension (SSS) process kicks in immediately.

December 22, 2025

Breath Test Refusal in Chicago: What It Really Means for Your Case and License

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

If you were pulled over in Chicago and refused a breath test, you’re probably wondering if that decision made things worse—or if it gave you an edge. I’ve had many clients throughout Chicago—from Hyde Park to Lincoln Park—ask me the same thing after being arrested for DUI: “Can I still fight the license suspension even though I refused the test?”

The short answer is yes, but the process moves fast—and the consequences are serious.

Under Illinois’ implied consent law (625 ILCS 5/11-501.1), any person who drives or is in actual physical control of a motor vehicle on public roads is deemed to have consented to chemical testing. That means if you refuse a breath, blood, or urine test after a lawful DUI arrest, your driver’s license is automatically suspended—even before you go to court.

December 21, 2025

Where DUI License Suspension Hearings Actually Happen in Cook County and What to Expect

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

Many people arrested for DUI in Chicago believe they are only fighting one case. In reality, a DUI arrest sparks two different legal battles at the same time in Cook County. One is the criminal DUI charge. The other is the driver’s license suspension case handled through a statutory summary suspension hearing.

Chicago is a city built on movement. People drive to work in the Loop, to homes in Beverly and Jefferson Park, and to family events from Albany Park to South Shore. Losing the right to drive in this city can be as damaging as the criminal case itself. Uber or public transit is not always practical, especially for those working night shifts or living outside core rail lines.

That is why understanding where these hearings take place, how quickly they move, and what happens inside the courtroom is critical. As a Chicago DUI lawyer with decades of courtroom experience, I know that the hearings are often the first and best chance to prevent serious damage to your life.

December 20, 2025

Can A Chicago DUI Lawyer Promise That You Will Keep Your License After A DUI Arrest?

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

Why promises about license results are misleading for DUI cases in Chicago

People across Chicago are stopped every day on suspicion of DUI. It happens on Lake Shore Drive, in River North after a night out, near Wrigley Field after a game, and on the Eisenhower heading into the city. The moment blue lights appear in the mirror, the fear starts with one thought: am I going to lose my license? By the time someone calls a Chicago DUI lawyer, the question usually comes out fast. Can you guarantee that I will keep my license?

The honest answer is no. No ethical or credible lawyer can guarantee what the Illinois Secretary of State or a judge will do in your case. License outcomes are controlled by statute, court procedure, administrative rules, and the facts of each case. A lawyer can improve the likelihood of keeping driving privileges. A lawyer cannot promise it.

December 19, 2025

Is a Public Defender Enough To Handle Your DUI License Suspension in Chicago?

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

Being arrested for DUI in Chicago can feel overwhelming. One minute you are driving through Logan Square, Back of the Yards, Lakeview, or Chatham, and the next you are dealing with flashing lights, field sobriety tests, and handcuffs. After the shock wears off, another fear sets in fast: what will happen to your driver’s license? For many people, the first thought is whether they can rely on a public defender or whether they really need to hire a private Chicago DUI lawyer to fight the suspension.

The reality is that Illinois has one of the strictest systems in the country for suspending driver’s licenses after DUI arrests. It does not matter whether your case is ultimately proven in court. Under the statutory summary suspension laws, your license can be suspended automatically unless you challenge it quickly. Understanding who will fight that suspension and how it works is critical to protecting your right to drive.

Public defenders are valuable parts of the criminal justice system and they help many people every day. But the question is not whether public defenders care or are capable. The real question is whether the structure of the public defender’s office gives them the time, resources, and assignment scope to handle your separate DUI license suspension hearing in addition to the criminal case. In many situations, the answer is no, and the consequences of assuming otherwise can be severe.

December 18, 2025

Can You Really Go to Jail for Your First DUI in Illinois?

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

First-Time DUI Arrests Are More Serious Than Most People Realize

You don’t have to be a criminal to find yourself facing a DUI charge in Chicago. All it takes is one night, one drink too many, and one police officer deciding you shouldn’t be on the road. Many of my clients are people who have never been in trouble before. Teachers, nurses, accountants, students. After their first DUI arrest, they all ask the same question: “Am I going to jail?”

The reality is, a first DUI in Illinois can absolutely result in jail time, even though it’s usually a Class A misdemeanor. That means the court has the power to sentence you to up to 364 days in jail and impose fines of up to $2,500. While jail isn’t automatic for a first offense, it’s still a possibility—especially if the court believes you were reckless, uncooperative, or if aggravating circumstances were involved.

December 17, 2025

Will I Lose My License Immediately After a DUI Arrest in Chicago?

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

Why a DUI Arrest in Chicago Can Affect Your Driver’s License Before Your Trial Even Begins

Many people arrested for DUI in Chicago are shocked to learn they can lose their driver’s license before ever stepping into a courtroom. Unlike most criminal offenses in Illinois, a DUI triggers administrative penalties that are separate from your criminal case. That means your license can be suspended—automatically—just days after your arrest, and long before you’re found guilty or not guilty in court.

Under 625 ILCS 5/11-501.1, Illinois drivers are subject to what’s called implied consent law. This means that by operating a vehicle on Illinois roads, you have already agreed to submit to chemical testing (breath, blood, or urine) if you’re arrested for DUI. If you refuse testing, or if you fail a chemical test by blowing over the legal limit (0.08 or higher), the Illinois Secretary of State will automatically suspend your license—even if your criminal case hasn’t gone to trial.

December 16, 2025

Can Commercial Drivers Fight License Suspensions in Illinois?

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

Commercial Drivers in Chicago Have a Lot to Lose—And Very Little Room for Error

Commercial drivers in Chicago keep the city moving. Whether it’s a semi-truck hauling freight down I-90, a CTA bus operator navigating downtown streets, or a delivery driver transporting medical supplies on the South Side, these jobs require a commercial driver’s license (CDL) and a clean driving record.

When a CDL holder is arrested for DUI or receives a major traffic citation, the consequences go beyond typical license suspensions. A single mistake—often in a personal vehicle—can result in a CDL disqualification, which means losing your job, your benefits, and your future in the transportation industry.

December 15, 2025

How Long Does a DUI Suspension Stay on Your Record in Illinois?

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

Your Chicago DUI Suspension Isn’t Just Temporary—It Follows You

A statutory summary suspension isn’t just an inconvenience—it’s a public mark on your Illinois driving record that can affect employment, insurance, and your future in ways many people don’t understand. Whether you live in Lincoln Park, Englewood, Rogers Park, or Humboldt Park, the reality is the same: a DUI-related suspension stays with you long after the suspension period ends. And unless you take immediate legal action, that record could follow you for the rest of your life.

Under Illinois law (625 ILCS 5/11-501.1), if you are arrested for DUI and either fail or refuse chemical testing, the Secretary of State imposes a statutory summary suspension on your license. This administrative suspension is completely separate from your criminal case and begins on the 46th day after your arrest, unless you act quickly to fight it.

December 14, 2025

Challenging a License Suspension After Failing a Breath Test in Illinois

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

Failing the Breath Test in Chicago Does Not End Your Case

Many people in Chicago believe that failing a breath test automatically means they will lose their driver’s license and be convicted of DUI. They walk out of the police station feeling like the case is already over. That assumption is wrong and often leads to unnecessary suspensions and criminal convictions.

Under Illinois law, even if you failed a breath test, you still have the right to challenge both your criminal DUI case and the statutory summary suspension of your driver’s license. Chicago courts hear thousands of these challenges every year, and many of them succeed because police or the testing process did not comply with Illinois statutes and administrative rules.