What Should I Do If I’m Pulled Over for DUI in Illinois?

Pulled Over for DUI in Chicago: What You Need to Know

Chicago is a city known for its vibrant neighborhoods, expansive roadways, and constant police presence. If you’re pulled over in the city or anywhere across Cook County for suspected DUI, the experience can be intimidating and confusing — especially if you’ve never had a run-in with law enforcement before. Understanding your rights, obligations, and what can happen next is essential to protecting your record, your license, and your future.

Illinois takes DUI offenses seriously. Under Illinois law, driving under the influence falls under 625 ILCS 5/11-501. Whether a DUI is charged as a misdemeanor or a felony depends on the circumstances. A first or second DUI with no aggravating factors is usually charged as a Class A misdemeanor. However, if there are aggravating circumstances — such as having a child in the vehicle, driving without a valid license, causing injury, or having prior convictions — the charge can be elevated to a felony, which is referred to as an aggravated DUI under Illinois law.

In Chicago, traffic stops for suspected DUI are common, particularly in areas with heavy nightlife or high traffic volumes. Police officers are trained to observe for erratic driving behavior, speeding, lane deviations, or failure to use turn signals — all of which can be used as justification for a traffic stop. Once the vehicle is stopped, the officer’s observations of your physical behavior and your interaction during the stop become part of the evidence. That’s why what you do next can be critical.

How Illinois Law Defines DUI and the Penalties Involved

Illinois defines driving under the influence as operating a vehicle while impaired by alcohol, drugs, or a combination of both. A blood alcohol concentration (BAC) of 0.08% or higher is considered per se DUI, meaning you are presumed legally impaired regardless of whether your actual driving was affected. Drivers under the age of 21 are subject to a zero-tolerance policy, and commercial drivers have a lower legal limit of 0.04%.

Under 625 ILCS 5/11-501, a first DUI offense is generally a Class A misdemeanor. This carries penalties of up to one year in jail and fines of up to $2,500. Even if you avoid jail, the Secretary of State may suspend your driver’s license. If you submit to chemical testing and fail, your license will be suspended for six months. If you refuse, the suspension extends to one year.

A second DUI offense is also typically a Class A misdemeanor, but the penalties are enhanced. The minimum jail sentence is five days or 240 hours of community service. A third DUI offense is a Class 2 felony, punishable by three to seven years in prison and a 10-year license revocation. Any DUI involving bodily harm, a minor passenger, or death can be charged as a felony with even steeper consequences.

Understanding the DUI Investigation and Arrest Process

When a police officer suspects DUI during a traffic stop, the process unfolds in stages. First, the officer will initiate the stop based on a perceived traffic violation or erratic driving. Once at your window, they will ask for your license, insurance, and registration. They’ll be observing your speech, physical movements, eye condition, and the presence of any odors, such as alcohol or cannabis.

You may be asked to perform field sobriety tests. These are voluntary and include tasks like the walk-and-turn, one-leg stand, and horizontal gaze nystagmus. The results are subjective, and many sober drivers fail due to nerves, medical conditions, or other factors. You are not required to perform these tests, and refusal does not carry a penalty.

You may also be asked to submit to a roadside breath test. This preliminary breath test (PBT) is also voluntary and cannot be used in court as definitive evidence. However, if you are arrested, you will be asked to submit to a chemical test — typically a breathalyzer at the station. Refusing this test triggers a statutory summary suspension of your driving privileges.

The officer must have probable cause to place you under arrest. This can be based on the totality of the circumstances, including driving behavior, your physical condition, field test results, and preliminary breath test readings. Once arrested, you will be processed, and your case will move into the formal criminal court system.

What Happens After You Are Arrested for DUI in Illinois

Once arrested, your case enters the Illinois criminal justice system. You will receive a court date, and you may be released on bond. Your license will be subject to an administrative suspension under the statutory summary suspension law. This takes effect 46 days after your arrest unless you request a hearing to challenge the suspension.

You will face arraignment, pre-trial motions, and, eventually, a trial unless the case is resolved through dismissal or a plea agreement. At each stage, your defense attorney plays a crucial role in reviewing evidence, filing motions to suppress illegally obtained evidence, and negotiating with prosecutors to reduce or dismiss charges.

If convicted, the court may impose jail time, probation, community service, mandatory alcohol education classes, treatment, or installation of a BAIID device. The conviction also goes on your criminal record and can impact your employment, insurance, and reputation.

What Law Enforcement Looks for When Building a DUI Case

Police and prosecutors gather a range of evidence in DUI cases. This includes dashcam and bodycam video, police reports, field sobriety test results, chemical test results, and witness statements. In some cases, they may attempt to obtain your medical records if you were involved in an accident and taken to the hospital.

They also rely on officer observations such as the smell of alcohol, bloodshot eyes, slurred speech, and admission of drinking. Prosecutors use this evidence to prove beyond a reasonable doubt that you were impaired or had a BAC above the legal limit. Your defense attorney’s job is to scrutinize every piece of evidence and look for flaws in the stop, arrest, testing process, and chain of custody.

Why a Criminal Defense Lawyer is Essential After a DUI Arrest

The role of a criminal defense attorney is to protect your rights, examine the facts of your case, and advocate for the best possible outcome. An experienced attorney can evaluate whether the officer had reasonable suspicion to stop you and whether there was probable cause for your arrest. They can file motions to suppress evidence obtained unlawfully and negotiate for a reduction in charges or alternative sentencing.

In many cases, especially for first-time offenders, it may be possible to secure court supervision instead of a conviction. This allows you to avoid a permanent criminal record and keep your license. Without a lawyer, you’re more likely to miss key legal defenses or procedural errors that could work in your favor.

Possible Legal Defenses in Illinois DUI Cases

DUI charges can be defended on several grounds. Common defenses include lack of reasonable suspicion for the stop, lack of probable cause for arrest, improper administration of field or breath tests, faulty equipment, medical conditions that mimic impairment, and constitutional violations.

Your attorney can challenge the legality of the traffic stop, scrutinize police procedure, and retain expert witnesses to question chemical testing methods. Every DUI case is different, and your defense must be tailored to the unique facts involved.

How to Evaluate a Criminal Defense Attorney in Illinois

When facing DUI charges in Illinois, the lawyer you choose can make a significant difference. You want someone who focuses on criminal defense, understands Illinois DUI law, and is familiar with the local courts. Look for someone who takes time to review your case in detail, answers your questions clearly, and offers a direct plan for defending you.

Your attorney should be transparent about your options, possible outcomes, and what you can expect at every stage. Avoid lawyers who guarantee outcomes or rush you through the consultation.

Questions to Ask at Your Free Consultation

When meeting with a DUI defense attorney, consider asking how many DUI cases they handle, whether they have trial experience, how they plan to challenge the evidence, and what strategies they believe may apply to your case. You should also ask what to expect from the court process and how your attorney will communicate with you throughout your case.

Don’t hesitate to ask whether they handle administrative hearings with the Secretary of State regarding license suspension and what options exist for keeping your driving privileges.

Chicago DUI Defense: City-Based FAQ

Many Chicago residents have questions about how DUI laws are enforced in the city and Cook County. Here are common concerns that drivers arrested in the area often ask:

Can I drive in Chicago after being arrested for DUI? Your license will likely be suspended, but you may qualify for a Monitoring Device Driving Permit (MDDP) if this is your first offense and you agree to install a BAIID in your car. Your attorney can help you apply for this.

Will a DUI show up on my background check? Yes. Even a misdemeanor DUI becomes part of your permanent criminal record unless the case is dismissed or expunged. A conviction cannot be sealed or expunged under Illinois law.

Can I challenge the results of a breath test? Yes. Breath tests must be administered using approved devices and procedures. If the device was faulty or the operator wasn’t certified, the results may be invalid. Your attorney can investigate and file a motion to suppress the test.

Do I have to take field sobriety tests? No. Field sobriety tests are voluntary in Illinois. You can politely decline without legal penalty, though refusal may factor into the officer’s decision to arrest you.

Can a DUI be dismissed in Cook County? Yes, but dismissal depends on the strength of the evidence and any procedural errors. If the officer lacked probable cause or violated your rights, a judge may dismiss the case. An experienced DUI attorney will evaluate these issues.

Do Cook County judges offer supervision for first-time DUI offenders? Often, yes. Court supervision is available for first-time DUI charges if the court finds it appropriate. It prevents a conviction from going on your criminal record and allows you to keep your license.

How long will my case take in Chicago criminal court? It varies, but most DUI cases take several months. Your attorney may need time to file motions, negotiate with the prosecutor, and review discovery materials. Some cases go to trial, while others are resolved through plea agreements.

Why You Should Contact The Law Offices of David L. Freidberg After a DUI Stop

If you’ve been pulled over and charged with DUI in Chicago or anywhere in Cook County, time is critical. The decisions you make early on — including what you say to police, whether you take a breath test, and who you hire — will shape your case’s outcome. An experienced DUI defense lawyer can identify defenses you may not know exist, fight to protect your rights, and help you avoid life-changing consequences.

Choosing to go it alone or waiting to seek help can cost you your license, your job, and your freedom. Let The Law Offices of David L. Freidberg guide you through the process, challenge the case against you, and work to keep your record clean.

Call The Law Offices of David L. Freidberg if You Were Arrested For DUI

If you were stopped for DUI in Illinois, call the Law Offices of David L. Freidberg. We’ve successfully challenged countless illegal traffic stops and helped clients avoid DUI convictions.

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 Chicago, Cook County, DuPage County, Will County, and Lake County.