It’s a question we hear almost every day from people across Chicago: “How can I be arrested for DUI if I didn’t even blow over the limit?” The truth is simple—Illinois law doesn’t require a failed breath test to arrest or prosecute you for driving under the influence.
At The Law Offices of David L. Freidberg, we’ve defended countless clients charged with DUI based solely on an officer’s judgment. These cases often involve field sobriety tests, subjective observations, and refusals—not scientific proof. And while the law allows officers to make these arrests, it doesn’t mean they’re always right. If you were arrested for DUI despite passing a breath test or refusing it altogether, you still have powerful legal options.