Chicago Criminal Lawyer Blog

October 10, 2025

Why It’s Always Worth Hiring a Lawyer for a Chicago DUI Case

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

Understanding DUI Charges in Chicago and Illinois

A DUI charge in Chicago is more than just a traffic citation—it’s a criminal offense that can permanently affect your record, your freedom, and your future. In Illinois, under 625 ILCS 5/11-501, it’s illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or any intoxicating compound that impairs one’s ability to operate safely.

Within Chicago, DUI enforcement is aggressive. The Chicago Police Department, Cook County Sheriff’s Office, and Illinois State Police all target impaired driving through checkpoints and increased patrols. The first DUI is generally classified as a Class A misdemeanor, which carries up to 364 days in jail, fines up to $2,500, and the potential loss of your driver’s license.

October 9, 2025

Can an Illinois DUI Affect My Driver’s License in Other States?

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

Chicago DUI Lawyer Explains Why Your Case May Follow You Everywhere

A DUI arrest in Chicago doesn’t end when the flashing lights fade. What happens in Illinois rarely stays in Illinois—especially when it comes to your driver’s license. Every year, thousands of visitors and residents alike are caught off guard when they discover their DUI case affects their right to drive in other states.

At The Law Offices of David L. Freidberg, I’ve represented people from across the country arrested in Chicago’s busy nightlife corridors, expressways, and suburbs. Many were shocked to learn that even a first-time DUI under 625 ILCS 5/11-501 can jeopardize driving privileges in their home state and create a criminal record accessible nationwide. The combination of Illinois law, national data systems, and the Driver License Compact means a conviction here can have long-term consequences elsewhere.

October 8, 2025

Your Right To Refuse a Breathalyzer in Illinois—And What That Choice Really Means

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

The Legal Reality Behind “Implied Consent” in Illinois

In Chicago, drivers are often shocked to learn that saying “no” to a breath test does not end a DUI investigation. Illinois has an implied-consent law, meaning that by accepting a state driver’s license, you have already agreed to submit to chemical testing when a police officer has probable cause for a DUI arrest. The rule comes from 625 ILCS 5/11-501.1, and its effect is immediate: refusal equals automatic license suspension, even if you are later found not guilty of DUI in criminal court.

In practice, this system gives Chicago police tremendous leverage. The moment you refuse, they can file a sworn report that triggers a Statutory Summary Suspension through the Illinois Secretary of State. For a first refusal, the suspension lasts one year; for a second within five years, it lasts three. The process is administrative, not criminal, so guilt or innocence in court doesn’t automatically restore your license. The only way to challenge it is by filing a Petition to Rescind within the short window allowed by statute.

October 7, 2025

Can a DUI Be Dismissed in Illinois?

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

Police officers across Chicago and the suburbs conduct thousands of DUI arrests every year. Patrol divisions, the Illinois State Police, and Cook County sheriff’s deputies are under constant pressure to make arrests during traffic enforcement campaigns. Yet many of these cases fall apart once they reach court because the evidence does not hold up under scrutiny.

A DUI in Illinois is charged under 625 ILCS 5/11-501, which makes it illegal to drive or be in actual physical control of a vehicle while impaired by alcohol, drugs, or any intoxicating substance. A driver with a BAC of 0.08 percent or morefaces a per se violation, even without visible signs of impairment.

For a first offense, a DUI is a Class A misdemeanor, punishable by up to 364 days in jail, fines of $2,500, and a license suspension. Repeat or aggravated cases—such as those involving injury, a minor passenger, or a suspended license—can rise to felony levels under Illinois law.

October 6, 2025

Is a Second DUI a Felony in Illinois?

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

Chicago Criminal Defense Lawyer Protecting Drivers Across Cook County

Chicago is a city that never sleeps—its nightlife, restaurants, and sports events draw crowds late into the night. Unfortunately, increased traffic enforcement often turns an ordinary evening into a serious legal problem. When someone already has one prior DUI conviction, a second arrest under 625 ILCS 5/11-501 can trigger significantly harsher punishment and even felony exposure.

Illinois law classifies a first DUI as a Class A misdemeanor, punishable by up to one year in county jail and a $2,500 fine. A second offense, however, demonstrates what the law views as a pattern of disregard for traffic safety. The penalties are heavier, the license consequences longer, and prosecutors often recommend jail time even if no one was injured.

October 5, 2025

Do I Need a Defense Lawyer for a DUI Charge in Illinois?

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

Why Every Chicago DUI Arrest Demands Immediate Legal Help

Getting stopped by the police in Chicago is nerve-racking enough, but when that stop turns into a DUI investigation, the situation becomes life-changing. Illinois has some of the toughest DUI laws in the country, and Chicago prosecutors rarely take it easy on defendants. Even a first-time DUI can carry consequences that reach far beyond the courtroom, affecting your license, job, insurance rates, and personal reputation.

Under 625 ILCS 5/11-501, a DUI is charged when someone operates or is in actual physical control of a motor vehicle while under the influence of alcohol or drugs. A BAC of 0.08% or greater automatically creates a presumption of impairment. The same statute covers impairment by prescription medications, cannabis, or any controlled substance.

October 4, 2025

What Kind of Evidence Do Prosecutors Use in Illinois DUI Cases?

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

Chicago Criminal Defense Lawyer Explains How Police and Prosecutors Build—and How We Challenge—Their Case

When someone is stopped and arrested for driving under the influence in Chicago, the evidence starts building immediately. Whether it happens on North Avenue near Wicker Park, along I-290 heading west, or after leaving a downtown event, every word, every movement, and every recorded detail becomes potential proof for prosecutors. As a seasoned Chicago Criminal Defense Lawyer, I have seen firsthand that many people charged with DUI believe the evidence against them is unbeatable. That belief couldn’t be further from the truth.

Illinois DUI law, under 625 ILCS 5/11-501, allows prosecutors to charge a driver if they have a blood alcohol concentration (BAC) of 0.08% or more, show signs of impairment from alcohol or drugs, or have any amount of an intoxicating substance that makes them unsafe to drive. The statute covers alcohol, marijuana, prescription drugs, and controlled substances alike. A first offense is generally a Class A misdemeanor, but if the incident involves injury, death, a minor passenger, or prior DUI history, it can rise to a felony punishable by years in the Illinois Department of Corrections.

October 3, 2025

Can I Be Deported For A First Dui In Illinois?

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

Chicago Criminal Defense Lawyer Explains How a DUI Can Impact Your Immigration Status

When someone is stopped for drunk driving in Chicago, they often think the worst-case scenario is losing their license. For non-U.S. citizens, however, the consequences can be much more severe. Under Illinois law, a first DUI is generally a Class A misdemeanor under 625 ILCS 5/11-501, but the immigration system does not always treat misdemeanors lightly. Depending on the facts of your case, immigration authorities can use the arrest or conviction to start removal proceedings or deny future immigration benefits.

In neighborhoods such as Logan Square, Albany Park, or Bridgeport, a DUI stop usually begins when an officer claims to see erratic driving or a traffic infraction. Once stopped, officers may perform field sobriety tests and request a breath or blood sample. Failing or refusing these tests may lead to arrest. From that point, your fingerprints are entered into a federal database accessible by the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE).

October 2, 2025

Can ICE Place a Hold After a DUI Arrest in Cook County?

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

Chicago Criminal Defense Lawyer Explains the Hidden Immigration Risks of a DUI Arrest

Chicago is one of the most diverse cities in America, home to hundreds of thousands of immigrants who work, study, and raise families throughout Cook County. A night out on Milwaukee Avenue or a family gathering in Pilsen can turn life-changing if a traffic stop leads to a DUI arrest. For non-citizens, a single arrest can bring not only criminal charges under Illinois law but also unwanted attention from Immigration and Customs Enforcement (ICE).

As a Chicago criminal defense lawyer, I have seen clients blindsided when an ICE hold appears after a simple misdemeanor DUI arrest. Even though Illinois law classifies a first-time DUI as a Class A misdemeanor under 625 ILCS 5/11-501, the criminal and immigration systems often intersect in unpredictable ways. Understanding how and why ICE becomes involved is essential to protecting your liberty and immigration status.

October 1, 2025

Ice Detainers Vs. Warrants — A Critical Difference Every Chicago Defendant Must Understand

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

How Immigration Enforcement Collides with Illinois Criminal Law

In Chicago’s busy criminal courts, confusion often arises when people hear that ICE “has a warrant.” I’ve spent decades defending clients across Cook County, and many were shocked to learn that what officers called a “warrant” was actually a detainer request. The difference isn’t technical—it determines whether your rights were violated and whether you can legally be held in jail.

Illinois criminal law defines how warrants must be issued and executed. Under 725 ILCS 5/107-9, a judge must find probable cause and sign the document. A warrant authorizes a lawful arrest or search. An ICE detainer, on the other hand, is a civil administrative notice from Immigration and Customs Enforcement asking local officials to keep someone in custody for up to 48 hours beyond their scheduled release. It is not signed by a judge and carries no judicial authority under Illinois or federal criminal law.