Chicago Criminal Lawyer Blog
Imagine being a professional driver in Chicago—logging long hours on the Eisenhower Expressway, handling deliveries around Cicero or Joliet—and suddenly being arrested for DUI after driving home from dinner in your personal vehicle. The flashing lights, the officer’s questions, and a momentary lapse can set off a chain reaction that endangers your Commercial Driver’s License (CDL), your career, and your future.
At The Law Offices of David L. Freidberg, P.C., we’ve represented countless drivers across Cook County, DuPage County, and Will County who discovered that a personal-vehicle DUI carries the same, if not harsher, professional penalties as one committed behind the wheel of a commercial truck.
Illinois law, under 625 ILCS 5/11-501, makes it illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or intoxicating compounds, or with a blood-alcohol concentration (BAC) of 0.08 or more. But for commercial drivers, federal law lowers that threshold to 0.04 BAC when operating a commercial vehicle under 49 CFR § 383.51. The problem is that a DUI in any vehicle—personal or professional—still triggers CDL disqualification.
The Arrest: What Really Happens on the Streets of Chicago
A DUI investigation in Chicago often starts with a simple traffic stop. Officers stationed along Lake Shore Drive or near the I-90/I-94 interchange routinely watch for minor moving violations—improper turns, lane drifting, or equipment failures. Once they make a stop, they begin looking for clues of intoxication.
Drivers are usually asked to perform field sobriety tests such as the walk-and-turn or one-leg stand. These tests, though heavily relied on by police, are subjective. Fatigue, poor footwear, and uneven pavement can easily skew the results.
If the officer believes impairment exists, the driver is placed under arrest and transported to the station for a chemical test. Under Illinois’ implied consent law (625 ILCS 5/11-501.1), refusal to take that test carries severe consequences. A first refusal results in a 12-month suspension; a second refusal results in a 36-month suspension. Regardless of whether the vehicle was personal or commercial, the Illinois Secretary of State will impose a one-year CDL disqualification.
A Fictionalized Example from Humboldt Park
A professional delivery driver living in Humboldt Park was stopped one night after a Chicago police officer claimed he failed to signal while changing lanes. He was off duty, driving his own sedan. The officer smelled alcohol, requested field sobriety tests, and arrested him after a portable breath test showed 0.10 BAC.
We examined the arrest video and noticed that the officer had not instructed the driver properly before the test—specifically, failing to verify the 20-minute observation period required by Illinois law to ensure no mouth alcohol contamination. We filed a motion to suppress the breath test results based on procedural violations. The judge granted our motion, and the state reduced the charge to reckless driving. Our client kept his CDL, avoided jail, and returned to work within weeks.
The lesson is clear: details matter. A defense attorney’s familiarity with technical regulations can determine whether evidence stands or falls.
What the Law Says: Misdemeanor or Felony DUI
Most first-offense DUIs in Illinois are Class A misdemeanors, carrying up to 364 days in jail and fines of $2,500. However, aggravating factors—such as causing injury, having a prior DUI, or driving with a child passenger—can elevate the charge to a Class 4 felony or higher under 625 ILCS 5/11-501(d).
Even if a CDL holder avoids jail, a conviction or even court supervision is considered a “conviction” for CDL purposes. The Secretary of State must impose a minimum one-year disqualification under 625 ILCS 5/6-514(e). A second conviction, even decades later, leads to a lifetime ban.
For drivers who rely on that license to feed their families, a personal-vehicle DUI is not just inconvenient—it’s financially devastating.
How a Criminal Case Proceeds in Illinois Courts
After arrest, the case begins with a bond hearing, followed by preliminary examination to determine probable cause. The defendant is then formally charged at arraignment and enters a plea. The case progresses through discovery—when defense counsel reviews police reports, testing records, and all other evidence.
During this phase, a skilled Chicago criminal defense attorney may file motions to suppress illegally obtained evidence, challenge the validity of the stop, or question the reliability of testing devices. If these motions succeed, the state’s case often collapses.
If the case proceeds to trial, prosecutors must prove every element beyond a reasonable doubt. Jurors are instructed that the state must show both operation of a vehicle and impairment. The defense can present alternative explanations for poor driving or physical symptoms—fatigue, medication side effects, or mechanical defects.
When the verdict is “not guilty,” the driver not only avoids conviction but can later petition for expungement of the arrest record under 20 ILCS 2630/5.2.
Penalties Beyond the Courtroom
A DUI conviction affects far more than just legal status. CDL drivers face employment termination, insurance cancellation, and potential loss of union benefits. Many employers operate under federal safety regulations that prohibit employing drivers with recent alcohol-related violations.
Even after the disqualification period ends, reinstating a CDL requires proof of rehabilitation, completion of alcohol evaluation programs, and payment of reinstatement fees. Some drivers must re-test for their commercial license entirely.
For those driving for logistics companies near Midway Airport, construction contractors, or inter-state carriers based in Bedford Park, a suspended CDL often means the end of stable income.
The Defense Perspective: Building the Case for You
At The Law Offices of David L. Freidberg, we treat every case as unique. Our defense approach typically begins by examining whether the traffic stop was legal. Without reasonable suspicion, the stop—and everything that follows—may be invalid. We then assess testing accuracy, officer conduct, and procedural compliance.
We also work closely with clients to preserve employment wherever possible, communicating with employers when appropriate and filing petitions for restricted driving privileges for non-commercial use.
Our defense strategies often include:
• Demonstrating a lack of probable cause for arrest
• Highlighting procedural errors in chemical testing
• Proving improper training or certification of officers
• Showing medical explanations for alleged impairment
• Negotiating reductions to reckless driving or other non-alcohol charges
The goal is always the same—prevent a conviction that would disqualify the CDL and protect the driver’s ability to work.
Why a Private Defense Attorney Is Essential
Public defenders in Chicago handle hundreds of cases simultaneously, leaving little time to address the nuances of CDL law. Private representation allows for immediate attention, aggressive motion practice, and continuous communication.
A seasoned Chicago DUI lawyer also understands the policies of the Secretary of State’s Office and the intricacies of administrative hearings. For example, CDL reinstatement after disqualification requires compliance with both state and federal statutes. Without representation, many drivers make procedural mistakes that delay or permanently block reinstatement.
Your attorney becomes your advocate not only in court but also before regulatory agencies that determine your employment eligibility.
FAQs: DUI, CDL, and Illinois Law
If my DUI happened in my personal car, why does my CDL get suspended?
Federal regulations require uniform standards. Any alcohol-related offense, regardless of the vehicle type, demonstrates unfitness to operate a commercial vehicle under 49 CFR § 383.51. Illinois law enforces that rule through automatic CDL disqualification.
Can I still get court supervision for a first DUI?
You may, but it won’t protect your CDL. Even supervision is treated as a conviction for commercial-driver purposes, resulting in a one-year disqualification.
Is there any appeal once my CDL is disqualified?
You can request an administrative hearing with the Illinois Secretary of State. However, success depends on whether the underlying conviction or suspension can be vacated or reduced.
Will my employer know about my DUI arrest?
Yes. CDL employers are notified through driving-record updates, and most require immediate reporting of any DUI arrest or suspension. Failure to report can result in termination.
What if my blood-alcohol level was below 0.08?
For CDL disqualification purposes, even a 0.04 BAC in a commercial vehicle is sufficient. In a personal vehicle, a conviction at any BAC level still results in the same one-year CDL loss.
Can I obtain a work permit to drive commercially while suspended?
No. Federal law prohibits any hardship or restricted commercial operation during disqualification.
Does a not-guilty verdict automatically restore my CDL?
If you win your criminal case and the statutory suspension is rescinded, your CDL should be reinstated. Your attorney must ensure the court submits documentation promptly to the Secretary of State.
Can I expunge a DUI conviction?
No. DUI convictions cannot be expunged or sealed in Illinois. Only arrests resulting in dismissal or acquittal qualify.
Why Choose The Law Offices of David L. Freidberg, P.C.
Defending commercial drivers in Illinois requires experience, precision, and relentless advocacy. Our law firm has spent decades protecting professional drivers throughout Chicago and the surrounding counties. We know how prosecutors think, how police operate, and how to dismantle the evidence they present.
When your career is on the line, choosing the right attorney can make the difference between moving forward or losing everything you’ve built. We are available 24 hours a day to respond to CDL-related DUI arrests anywhere in Cook County, DuPage County, Will County, and Lake County.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
