DUI attorney

June 27, 2025

What Happens to Your Driver’s License in Illinois If You Don’t Request a DUI Administrative Hearing?

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

If you’ve been arrested for driving under the influence in Chicago or anywhere in Illinois, your biggest concern might be avoiding jail time or fines. But one of the most immediate and damaging consequences is the suspension of your driver’s license. What many people fail to understand is that the suspension doesn’t depend on a conviction. It happens automatically if you don’t take specific legal steps—and quickly.

Under Illinois law, a driver arrested for DUI is issued a Notice of Statutory Summary Suspension. This notice activates a process that will suspend your license unless you file a petition to fight it. That suspension is civil in nature and totally separate from the criminal DUI charges. Even if your DUI is later dismissed, the suspension stands unless you challenge it in time.

At The Law Offices of David L. Freidberg, we know how easily clients fall into this trap, especially if they try to handle things on their own. The law moves fast. If you don’t file for a hearing within the allowed timeframe, the Secretary of State will suspend your license, and you could lose your ability to drive for months or even years.

June 26, 2025

When a DUI Arrest Goes Wrong: What Happens If Illinois Police Don’t Follow Procedure?

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

Chicago DUI Arrests and the Importance of Proper Procedure

Chicago is no stranger to aggressive DUI enforcement. Officers from the Chicago Police Department and state agencies routinely patrol the roads looking for any sign of impaired driving. But despite their authority, officers are bound by strict legal procedures that govern how they can conduct traffic stops, administer sobriety tests, and make arrests. When they fail to follow these procedures, the integrity of the entire case may fall apart.

Under Illinois law, DUI is defined by 625 ILCS 5/11-501. This statute makes it a criminal offense to operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating compound that renders you incapable of safe driving. For most first and second offenses, the charge is a Class A misdemeanor. But if certain aggravating conditions are present—such as a prior felony conviction, a crash causing serious bodily injury, or the presence of a minor passenger—the charge can be enhanced to a felony. In some instances, a defendant may face a Class 2 or Class 4 felony, which carries the risk of prison time.

February 26, 2025

What Are the Penalties for Aggravated DUI Causing Death in Illinois?

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

Chicago is home to millions of residents and visitors, making its roads some of the busiest in the country. With heavy traffic and strict law enforcement, DUI laws in Illinois are aggressively prosecuted, especially when a DUI results in a fatal accident. Aggravated DUI causing death is one of the most serious criminal charges a person can face in Illinois, carrying severe legal and personal consequences. If convicted, the penalties can include significant prison time, substantial fines, and a permanent criminal record. Understanding how Illinois law applies to these cases is essential for anyone facing such charges.

Under Illinois law, an aggravated DUI involving a fatality is classified as a felony offense. The state follows a strict sentencing structure that mandates severe consequences. According to 625 ILCS 5/11-501(d)(1)(F), a person is guilty of aggravated DUI causing death if they operate a vehicle while impaired and cause the death of another individual. This charge is classified as a Class 2 felony. However, due to the nature of the crime, sentencing guidelines require a minimum term of three years in prison, with a maximum sentence of 14 years if one person was killed. If multiple fatalities occurred, the maximum sentence increases to 28 years.

Aggravated DUI causing death is not eligible for probation, meaning a conviction almost always results in a prison sentence. The court also considers aggravating factors, such as prior DUI offenses, reckless driving, or an excessively high blood alcohol concentration (BAC). If the defendant had a BAC of 0.16% or higher, additional penalties may apply, including longer incarceration and steeper fines. In addition to prison time, a conviction leads to long-term consequences, such as license revocation, mandatory alcohol education programs, and civil liability for damages.