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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 Unless the suspension is rescinded by a judge, it will show up on your Illinois driving abstract.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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A DUI Arrest in Chicago Sets Off Immediate Legal Consequences Most People Never See Coming

When someone is arrested for DUI in Chicago, the next several hours can shape the outcome of the entire case. As a DUI defense lawyer who has practiced in Chicago for decades, I have watched countless clients walk into those first 24 hours completely unprepared for the rapid series of legal steps that unfold. A DUI arrest in Chicago is not a slow-moving process. It begins on the street during the traffic stop and continues through the police station, the paperwork, and the administrative consequences triggered by Illinois law. Whether someone is stopped in Lincoln Park, Humboldt Park, Lakeview, the South Loop, or on the Dan Ryan during a late-night patrol, everything that happens from that moment forward becomes part of a legal process that can affect their livelihood, their driver’s license, and their record for years.

Chicago police patrol some of the busiest roadways in the state, and DUI enforcement is a major priority for both the Chicago Police Department and the Illinois State Police. Officers are trained to identify signs of impairment quickly and to document every observation in a way that strengthens the state’s case. Under 625 ILCS 5/11-501, driving under the influence is either a misdemeanor or a felony, depending on circumstances such as prior convictions, injuries, child passengers, or license violations. Most first-time DUIs are charged as Class A misdemeanors, but even those carry up to 364 days in jail, high fines, mandatory classes, and a lifelong record if supervision is not granted.

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Understanding How Chicago Police Use Field Sobriety Tests

Chicago is a city defined by constant motion, crowded streets, nightlife, community gatherings, and heavy police patrol throughout neighborhoods from Lincoln Park and Lakeview to South Shore, Humboldt Park, the Loop, and Jefferson Park. Because social activity is everywhere, DUI enforcement remains a priority for local law enforcement, especially late at night or near entertainment districts. When a Chicago police officer suspects impairment, the investigation usually begins with field sobriety tests. Most drivers expect these tests to be simple, but many sober people fail them under real-world conditions that have nothing to do with alcohol or drugs.

Under Illinois law, a DUI can be charged as a misdemeanor or felony depending on the circumstances. A first or second offense is usually a Class A misdemeanor. Felony DUI, charged under 625 ILCS 5/11-501(d), comes into play if there are prior convictions, a child in the vehicle, an accident causing injury, or other aggravating factors. These charges begin with the officer’s roadside observations, and field sobriety tests often make or break the prosecutor’s case.

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Being charged with DUI manslaughter in Illinois is one of the most serious legal battles anyone can face. As a Chicago DUI defense lawyer with years of courtroom experience in Cook County and surrounding areas, I’ve defended clients accused of driving under the influence when a fatal accident occurs. These cases are emotional, complex, and aggressively prosecuted, often beginning with a split-second event and turning into a life-altering criminal case.

If you’re facing this type of charge in the city of Chicago or in neighboring counties like DuPage, Will, or Lake, you’re not alone—but you need to understand the severity of the accusation. DUI manslaughter is not a misdemeanor. Illinois law classifies it as a felony—usually a Class 2 felony, but in some cases, the charge can carry even heavier sentencing enhancements.

In neighborhoods throughout Chicago—whether in South Shore or River North—these cases typically begin when someone is involved in a crash and alcohol or drug use is suspected. Police and prosecutors are quick to move forward with felony charges if the accident results in death, even if the other driver or pedestrian was partially at fault.

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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
Skokie Office
5250 Old Orchard Rd
#300
Skokie, IL 60077

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