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When the Machine Says You’re Guilty

On a cold Chicago night, a driver is pulled over near Wrigleyville after an officer claims he rolled through a stop sign. The streets are wet, visibility is low, and he’s just leaving a friend’s birthday dinner. A few minutes later, after field sobriety tests on an uneven sidewalk, he’s at the station blowing into a breathalyzer. The result flashes: 0.11% BAC.

In the eyes of the arresting officer, and maybe even the prosecutor who will later review the case, the number tells the whole story. But Illinois law doesn’t convict people based solely on what a machine says. That number is only evidence, and like all evidence, it can be challenged.

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The Stakes Are Higher Than You Think

In Chicago, shoplifting is not just a matter of paying a fine and moving on. Illinois law treats retail theft as a serious offense that can lead to jail time, a criminal record, and lasting damage to your reputation. Whether you were accused of concealing merchandise, altering price tags, or leaving a store without paying, a conviction can follow you for life.

A Chicago theft defense lawyer can make the difference between a permanent criminal record and a resolution that allows you to move forward without lasting damage.

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Chicago’s Strict DUI Laws and What They Mean for First-Time Offenders

Chicago’s streets are always busy, from morning rush hour on the Kennedy Expressway to late-night traffic along Lake Shore Drive. Police patrol these areas heavily, especially during weekends and holidays. Under 625 ILCS 5/11-501, a first DUI offense occurs when a driver operates or is in physical control of a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or both. In Illinois, even your first offense can lead to a Class A misdemeanor — the most serious misdemeanor classification — with up to one year in jail, $2,500 in fines, and a one-year driver’s license suspension.

However, aggravating circumstances — such as having a passenger under 16, causing an injury accident, or driving without valid insurance — can elevate your first DUI to a felony under 625 ILCS 5/11-501(d). That change turns the case from a maximum of 364 days in jail to potential years in prison, with lasting damage to your criminal record.

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You might think a first-time DUI in Illinois is a simple matter—a few fines, maybe some court supervision, and you’re back to normal. But as criminal defense attorneys practicing throughout the Chicago area, we can tell you that the hidden costs of a first DUI conviction are often worse than people ever anticipate. The penalties under Illinois law are only the beginning. The impact on your wallet, your ability to drive, your job, and your future opportunities can last for years—even if no one was hurt and your BAC was barely over the limit.

Illinois treats drunk driving as a serious crime. Under 625 ILCS 5/11-501, a first-time DUI is a Class A misdemeanor, with a possible sentence of up to 364 days in jail, a $2,500 fine, and mandatory alcohol evaluation and treatment. What the statute doesn’t mention are the spiraling costs and burdens that come after your court case ends.

We’ve defended countless individuals from all walks of life—business professionals, union workers, college students, nurses, and everyday drivers—who had no idea what they were stepping into after a DUI arrest in Chicago. Let’s take a deeper look at what really happens and why hiring a defense lawyer early can prevent long-term damage.

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DUI arrests in Illinois happen every day, but not all charges are created equal. Some drivers walk away with a misdemeanor that, while serious, can be resolved with supervision or probation. Others face felony charges that carry prison time, long-term license revocation, and permanent damage to their record. The difference often comes down to a few critical facts—and understanding those facts is the first step to protecting your future.

In Chicago, law enforcement is vigilant about impaired driving, especially during nights, weekends, and holidays. If you’re stopped by the Chicago Police Department or Illinois State Police and charged under 625 ILCS 5/11-501, you may assume it’s a misdemeanor. But when certain conditions are met, the same statute can be used to charge you with Aggravated DUI, which is always a felony.

Let’s look at what changes the charge, how prosecutors build their case, and what you can do to fight back with the help of a skilled defense attorney.

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If you live in Chicago or anywhere in Cook County, you’ve likely seen it or done it—park the car safely, crack the window, and decide to sleep off a night of drinking. It seems like a responsible decision. But under Illinois law, that seemingly safe choice can land you in handcuffs.

DUI charges in Illinois don’t always require that you be caught driving. Under what’s known as “actual physical control,” you can be charged with a DUI even if your vehicle wasn’t moving, your engine was off, and you were just trying to sober up. It’s a harsh legal reality that many people only learn after they’ve already been arrested.

This isn’t theoretical. Our firm has represented many Chicago-area residents charged with DUI after police found them asleep in parked cars. What they thought was the right decision quickly turned into a criminal case with long-lasting consequences.

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Here’s What Really Happens

Cannabis may be legal in Illinois, but that doesn’t mean you can drive high. Law enforcement across Chicago and the state has cracked down hard on cannabis-impaired driving since legalization took effect in 2020. And make no mistake—being charged with a marijuana DUI is not a slap on the wrist. It’s a serious crime under Illinois law, and it can change the course of your life.

If you’ve been accused of driving under the influence of cannabis in Illinois, you probably have questions: Can they actually prove I was impaired? What if I used marijuana hours ago? Will I lose my license? Do I need a lawyer?

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Arrested for DUI in Illinois Without a Failed Breath Test? Here’s What You Need to Know

In Chicago, many drivers are surprised to learn that a failed breath test isn’t required to be arrested or charged with driving under the influence (DUI). You could blow under the legal limit or even decline the test entirely and still find yourself in handcuffs. This happens far more often than people think, especially in the city where aggressive DUI enforcement is the norm.

Illinois law allows for DUI arrests based on a variety of factors beyond your blood alcohol content (BAC). At The Law Offices of David L. Freidberg, we’ve spent decades defending individuals throughout Chicago and the surrounding counties who never failed a breath test but still faced criminal DUI charges. If you’re in this position, it’s critical to understand the legal basis for these arrests and what your rights are moving forward.

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DUI arrests happen every day in Chicago, but not all cases are treated equally under Illinois law. While many first-time DUI offenses are misdemeanors, repeat arrests or certain aggravating factors can turn a DUI into a felony, dramatically increasing the penalties you face. If you’re charged with a felony DUI, your future could depend on the defense you build starting from the moment of your arrest.

Illinois DUI Law Overview

The law on DUI is set out in 625 ILCS 5/11-501. It prohibits driving or being in actual physical control of a vehicle while impaired or with a BAC of 0.08% or higher. A basic DUI is typically a Class A misdemeanor. But Illinois law allows prosecutors to elevate charges to a felony if:

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Here’s What You Need to Know

Police Claims of Odor Leading to DUI Arrests

Drivers in Chicago are frequently stopped for routine traffic issues that escalate into DUI investigations. Often, the first thing an officer says is that they “smell alcohol” inside your vehicle. Many people don’t realize that this claim alone is not sufficient evidence for a DUI conviction under Illinois law, yet it frequently leads to arrests and criminal charges.

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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
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5250 Old Orchard Rd
#300
Skokie, IL 60077

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