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As a Chicago DUI lawyer, one of the most common misunderstandings I see among people arrested for drunk driving is the belief that winning the statutory summary suspension hearing means their DUI case is over. That assumption can lead to serious problems.

Let’s be clear: in Illinois, winning the hearing that challenges the automatic suspension of your driver’s license does notmean that your criminal DUI charge is dismissed. These are two separate legal proceedings, handled differently under Illinois law, and they result in different consequences.

In Chicago and throughout Cook County, DUI cases are prosecuted aggressively under 625 ILCS 5/11-501. After an arrest, your case triggers two legal paths: the criminal prosecution, which can result in jail time and a permanent record, and the civil license suspension process handled by the Illinois Secretary of State.

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You Were Arrested for DUI in Chicago. But Did the Police Follow the Law?

DUI arrests in Chicago don’t always follow the rules. And when officers cut corners, it’s your constitutional rights that are on the line. As a criminal defense lawyer in Chicago with decades of courtroom experience, I’ve fought hundreds of DUI cases—and many of them hinged on law enforcement errors.

Illinois DUI law, under 625 ILCS 5/11-501, allows police to arrest a person for operating a vehicle under the influence of alcohol, drugs, or a combination of both. But that law doesn’t give officers free rein to violate your rights. From the moment they pull you over, officers must justify every step—starting with reasonable suspicion.

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Why Even Small Mistakes Can Lead to Jail in Illinois

In the city of Chicago, individuals who are sentenced to probation instead of jail time often believe they’ve escaped the harshest punishment. However, probation is not a free pass—it’s a tightly supervised sentence with strict conditions. One missed check-in, one unpaid fine, or even a minor curfew violation can trigger what’s known as a technical probation violation, potentially landing someone back in court or even behind bars. This is especially true for those on probation for a misdemeanor or felony in Cook County or surrounding areas like Will County, DuPage County, or Lake County.

What Counts as a Technical Probation Violation in Illinois?

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The 30‑Day Deadline Is One of the Most Important Dates After a DUI Arrest in Chicago

Anyone arrested for DUI in Chicago quickly learns that there are actually two legal cases set in motion. The first is the criminal DUI charge. The second is an administrative action by the Illinois Secretary of State to suspend your driver’s license. These are entirely separate, and each follows its own rules and deadlines. One of the most critical rules in Illinois is that you only have 30 days to file a petition to fight, or “rescind,” the statutory summary suspension that follows a DUI arrest. This rule exists under 625 ILCS 5/2‑118.1.

Chicago drivers are often surprised to learn that even if their DUI case is dismissed, their license can remain suspended if that 30‑day window is ignored. The suspension starts on the 46th day after arrest, and once the deadline passes without filing, the right to a hearing is almost always lost. This applies whether the arrest happened in the South Loop, Rogers Park, Little Village, or any other neighborhood in the city.

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Hardship Licenses After a DUI Suspension in Illinois

Losing Your License Doesn’t Mean You’ve Lost Your Options

In Chicago, a DUI arrest creates more than just a legal battle in court—it immediately threatens your freedom to drive. Whether you were pulled over on Lake Shore Drive, stopped in Logan Square, or ticketed near Midway Airport, the reality is the same: a DUI charge usually triggers an automatic license suspension, often before you’re even convicted. If that suspension goes into effect, can you still legally drive?

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Understanding What Really Happens After a DUI Arrest in Chicago

Chicago drivers are often shocked when they learn that losing a license after a DUI arrest can happen before any conviction ever occurs. In Illinois, a DUI arrest usually triggers a statutory summary suspension of your driver’s license, a separate administrative action handled by the Illinois Secretary of State. The most common question I hear as a Chicago DUI lawyer is whether this suspension will appear on a driving record that employers, insurance companies, and law enforcement can see.

The reality is simple but serious. Unless the suspension is rescinded by a judge, it will show up on your Illinois driving abstract. That entry can affect employment, insurance premiums, professional driving opportunities, CDL status, and background checks. This is why addressing the suspension is as important as defending the criminal DUI case.

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Preparing for Criminal Trial in Chicago: Why Every Move Matters

Being charged with a crime in Chicago or anywhere in Illinois is not just a legal issue—it’s a life-changing event. The consequences extend beyond the courtroom into your job, family, finances, and future. If you’re headed for trial in Illinois, understanding what lies ahead is critical to protecting yourself.

I’m David L. Freidberg, a Chicago criminal defense lawyer with decades of trial experience. From misdemeanors like shoplifting and simple battery to serious felonies such as gun crimes, drug trafficking, and aggravated assault, I’ve represented clients in Cook, Lake, DuPage, and Will Counties. Let me walk you through what to expect if your case goes to trial—and why the lawyer you choose can shape the outcome.

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As a DUI lawyer based in Chicago, I often speak with drivers from neighborhoods like Logan Square, Bridgeport, and Hyde Park who are terrified after a DUI arrest—especially about the fate of their license. In Illinois, a DUI arrest can put your driving privileges in serious jeopardy long before you ever see a courtroom. But just how long do you lose your license after a DUI?

The answer depends on two separate tracks: the Statutory Summary Suspension of your license by the Illinois Secretary of State and the outcome of your criminal DUI case in court. Both have distinct timelines and consequences. Let’s walk through what typically happens, what you can do to protect your license, and why working with a seasoned DUI defense attorney in Chicago can make all the difference.

Statutory Summary Suspension Timelines in Illinois

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For anyone arrested on suspicion of drunk or drugged driving in Chicago, one of the first things you’ll be forced to deal with—often within days—is the automatic license suspension issued by the Illinois Secretary of State. Most people are blindsided by it because the license suspension comes into play before a criminal conviction ever happens.

This administrative action is entirely separate from your criminal court case. Each process requires its own defense strategy, timeline, and legal arguments. At The Law Offices of David L. Freidberg, I represent clients at both stages—from the very first petition to challenge the license suspension to fighting for a dismissal or reduced charge in criminal court.

Many clients are stopped late at night in neighborhoods like River North, Pilsen, or along Western Avenue. Regardless of where you were arrested in the city or Cook County, understanding what happens next can make the difference between a clean record and a life-altering conviction.

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What You Need to Know from a Chicago Defense Lawyer

It’s a common misunderstanding—many Chicago residents assume you can only be charged with DUI if you were pulled over while actively driving. But under Illinois law, that’s not always the case. If you’re found in your vehicle while intoxicated, even if the engine is off, the State can still charge you with driving under the influence if they believe you were in “actual physical control” of the car.

I’m a criminal defense attorney based in Chicago, and I’ve handled DUI cases across Cook County and beyond for decades. One of the more confusing types of DUI cases involves individuals who weren’t even seen driving. These cases often start with a parked car, a sleeping occupant, and an officer’s assumption. Maybe it happened in Lincoln Park, Bronzeville, or even on Lake Shore Drive, but the consequences can be the same—criminal charges, a suspended license, and a permanent record.

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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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