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You might think a first-time DUI in Illinois is a simple matter—a few fines, maybe some court supervision, and you’re back to normal. But as criminal defense attorneys practicing throughout the Chicago area, we can tell you that the hidden costs of a first DUI conviction are often worse than people ever anticipate. The penalties under Illinois law are only the beginning. The impact on your wallet, your ability to drive, your job, and your future opportunities can last for years—even if no one was hurt and your BAC was barely over the limit.

Illinois treats drunk driving as a serious crime. Under 625 ILCS 5/11-501, a first-time DUI is a Class A misdemeanor, with a possible sentence of up to 364 days in jail, a $2,500 fine, and mandatory alcohol evaluation and treatment. What the statute doesn’t mention are the spiraling costs and burdens that come after your court case ends.

We’ve defended countless individuals from all walks of life—business professionals, union workers, college students, nurses, and everyday drivers—who had no idea what they were stepping into after a DUI arrest in Chicago. Let’s take a deeper look at what really happens and why hiring a defense lawyer early can prevent long-term damage.

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DUI arrests in Illinois happen every day, but not all charges are created equal. Some drivers walk away with a misdemeanor that, while serious, can be resolved with supervision or probation. Others face felony charges that carry prison time, long-term license revocation, and permanent damage to their record. The difference often comes down to a few critical facts—and understanding those facts is the first step to protecting your future.

In Chicago, law enforcement is vigilant about impaired driving, especially during nights, weekends, and holidays. If you’re stopped by the Chicago Police Department or Illinois State Police and charged under 625 ILCS 5/11-501, you may assume it’s a misdemeanor. But when certain conditions are met, the same statute can be used to charge you with Aggravated DUI, which is always a felony.

Let’s look at what changes the charge, how prosecutors build their case, and what you can do to fight back with the help of a skilled defense attorney.

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If you live in Chicago or anywhere in Cook County, you’ve likely seen it or done it—park the car safely, crack the window, and decide to sleep off a night of drinking. It seems like a responsible decision. But under Illinois law, that seemingly safe choice can land you in handcuffs.

DUI charges in Illinois don’t always require that you be caught driving. Under what’s known as “actual physical control,” you can be charged with a DUI even if your vehicle wasn’t moving, your engine was off, and you were just trying to sober up. It’s a harsh legal reality that many people only learn after they’ve already been arrested.

This isn’t theoretical. Our firm has represented many Chicago-area residents charged with DUI after police found them asleep in parked cars. What they thought was the right decision quickly turned into a criminal case with long-lasting consequences.

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Here’s What Really Happens

Cannabis may be legal in Illinois, but that doesn’t mean you can drive high. Law enforcement across Chicago and the state has cracked down hard on cannabis-impaired driving since legalization took effect in 2020. And make no mistake—being charged with a marijuana DUI is not a slap on the wrist. It’s a serious crime under Illinois law, and it can change the course of your life.

If you’ve been accused of driving under the influence of cannabis in Illinois, you probably have questions: Can they actually prove I was impaired? What if I used marijuana hours ago? Will I lose my license? Do I need a lawyer?

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Arrested for DUI in Illinois Without a Failed Breath Test? Here’s What You Need to Know

In Chicago, many drivers are surprised to learn that a failed breath test isn’t required to be arrested or charged with driving under the influence (DUI). You could blow under the legal limit or even decline the test entirely and still find yourself in handcuffs. This happens far more often than people think, especially in the city where aggressive DUI enforcement is the norm.

Illinois law allows for DUI arrests based on a variety of factors beyond your blood alcohol content (BAC). At The Law Offices of David L. Freidberg, we’ve spent decades defending individuals throughout Chicago and the surrounding counties who never failed a breath test but still faced criminal DUI charges. If you’re in this position, it’s critical to understand the legal basis for these arrests and what your rights are moving forward.

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DUI arrests happen every day in Chicago, but not all cases are treated equally under Illinois law. While many first-time DUI offenses are misdemeanors, repeat arrests or certain aggravating factors can turn a DUI into a felony, dramatically increasing the penalties you face. If you’re charged with a felony DUI, your future could depend on the defense you build starting from the moment of your arrest.

Illinois DUI Law Overview

The law on DUI is set out in 625 ILCS 5/11-501. It prohibits driving or being in actual physical control of a vehicle while impaired or with a BAC of 0.08% or higher. A basic DUI is typically a Class A misdemeanor. But Illinois law allows prosecutors to elevate charges to a felony if:

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Here’s What You Need to Know

Police Claims of Odor Leading to DUI Arrests

Drivers in Chicago are frequently stopped for routine traffic issues that escalate into DUI investigations. Often, the first thing an officer says is that they “smell alcohol” inside your vehicle. Many people don’t realize that this claim alone is not sufficient evidence for a DUI conviction under Illinois law, yet it frequently leads to arrests and criminal charges.

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Why DUI Cases in Chicago Are So Serious

Chicago is a city known for its nightlife, sporting events, and heavy traffic. Unfortunately, DUI arrests are a daily occurrence, and Illinois law takes impaired driving very seriously. Even a first offense can have life-altering consequences, making it crucial to have a skilled DUI defense lawyer by your side.

Illinois law, under 625 ILCS 5/11-501, defines DUI as driving or being in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination of substances. A BAC of 0.08% or higher automatically establishes impairment. However, police can charge you even below this level if they believe your ability to drive safely was compromised. A first offense is usually a Class A misdemeanor, carrying up to 364 days in jail, fines of up to $2,500, and license suspension. Repeat offenses or cases involving injury, minors, or fatalities become felonies, with long prison terms, heavy fines, and permanent loss of driving privileges.

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Getting arrested in Illinois can turn your life upside down in a matter of minutes. Whether you’re in downtown Chicago or a nearby suburb like Cicero, Naperville, or Waukegan, the moment you’re placed in handcuffs, everything changes. How you respond from the very first second matters. The way you speak to the police, whether you request a lawyer, and the steps you take—or fail to take—can affect whether you face jail time, get your case dismissed, or walk away with a criminal conviction that follows you for life.

If you’re facing criminal charges in Illinois, you need to take the situation seriously. You don’t need to panic—but you do need to act. The Illinois criminal justice system doesn’t go easy on people who assume it will all “work itself out.” It won’t. The only way to protect yourself is to get real legal representation from a criminal defense attorney who knows how the system works—and how to fight back.

Understanding the Charges: Illinois Law Isn’t Always Clear to the Accused

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Most people are surprised to learn that you don’t need to be caught speeding, swerving, or violating any traffic rule to be arrested for DUI in Illinois. We’ve represented many clients in Chicago and surrounding counties who were approached while parked, sitting in their car outside a business, or stopped for a non-moving issue—only to find themselves facing DUI charges. At The Law Offices of David L. Freidberg, we understand exactly how these cases unfold and how to challenge them from the start.

Illinois law under 625 ILCS 5/11-501 allows a person to be charged with DUI even without any indication of unlawful driving. The state simply needs to show that you were in actual physical control of the vehicle while impaired by alcohol or drugs. But that doesn’t give police a free pass to approach and arrest anyone they choose. The law requires that they have reasonable suspicion and probable cause at every stage. And that’s often where we find a defense.

How These Arrests Happen Without a Traffic Violation

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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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#300
Skokie, IL 60077

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