Articles Posted in DUI

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The Road to Reinstatement Isn’t Automatic—Especially After a Second DUI

If you’ve been convicted of a second DUI in Illinois, your driving privileges are no longer merely suspended—they are revoked. This distinction matters. A suspension has an end date. A revocation doesn’t. In Chicago and throughout Cook County, as well as in DuPage, Will, and Lake Counties, a second DUI means facing a minimum five-year revocation if your first offense occurred within the past 20 years.

Reinstating your license after a second DUI conviction is a complicated and time-consuming process that requires formal hearings with the Illinois Secretary of State. It’s not enough to wait out the revocation period. You must prove rehabilitation, demonstrate you’re no longer a risk to public safety, and comply with stringent documentation and treatment requirements.

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Getting arrested for driving under the influence in Chicago can be a life-altering event, especially if it’s your first encounter with the criminal justice system. The penalties for a first DUI offense in Illinois are far more severe than many expect, and the consequences extend far beyond fines and a suspended license. Whether you’re facing charges in Cook County or another part of the state, it’s crucial to understand what you’re up against, how the criminal process works, and why legal representation can make all the difference in the outcome of your case.

Chicago DUI Arrests and Misdemeanor Charges Explained

In Illinois, a first-time DUI is typically classified as a Class A misdemeanor. Under 625 ILCS 5/11-501, this charge applies when a person operates or is in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination of both. The legal limit is a blood alcohol concentration (BAC) of 0.08%. However, drivers can still be arrested with a lower BAC if police claim their ability to drive was impaired.

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The Truth About Implied Consent and Your License

Many drivers in Chicago believe that refusing a breath or blood test during a DUI arrest gives them an edge. Some think no test equals no case. But under Illinois law, the decision to refuse chemical testing has serious and automatic consequences—even if you’re never convicted of DUI. That’s because of a rule called implied consent, and if you drive on Illinois roads, it applies to you whether you realize it or not.

At The Law Offices of David L. Freidberg, we’ve defended countless clients who made the decision to refuse testing and were shocked by what happened next. Their licenses were suspended, their jobs were at risk, and they were fighting not one—but two—legal battles at once.

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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.

The Legal Standard for DUI Arrests in Illinois

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Most people arrested for driving under the influence in Illinois assume they’re facing a misdemeanor. It’s a natural assumption—especially for first-time offenders. You get pulled over, maybe you fail a field sobriety test or blow slightly over the limit, and you figure the penalties will be manageable. A fine. Maybe a license suspension. Possibly court supervision.

But Illinois law has a way of turning even an ordinary DUI arrest into a felony—sometimes before you even know what happened. Under the right set of facts, a basic DUI charge can escalate quickly into a criminal case that carries years in prison, thousands of dollars in fines, mandatory license revocation, and a permanent felony record.

We’ve seen it happen to business owners in River North, delivery drivers on the South Side, and parents heading home from a dinner in the suburbs. A single misstep can lead to a felony charge, and if you don’t act fast, your options will vanish. That’s why it’s critical to understand how aggravating factors work under Illinois law—and how a skilled defense lawyer can help you avoid the worst.

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Most people in Chicago assume a DUI is only a misdemeanor if it’s your first offense. While that’s often true, Illinois law allows prosecutors to file aggravated DUI charges even against first-time offenders. That means a driver with no prior record could face felony charges and prison time based on certain circumstances.

At The Law Offices of David L. Freidberg, we’ve seen too many people walk into court assuming they’ll get supervision or a fine—only to be blindsided by felony charges. Aggravated DUI isn’t about how many times you’ve been arrested. It’s about the facts of the incident and how prosecutors choose to charge it.

Whether you were in an accident, had a suspended license, or had a child in the vehicle, your DUI could become a felony before your first court date.

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In Chicago, boating is a favorite pastime during warmer months. With access to Lake Michigan and numerous other waterways, residents and tourists alike take to the water to relax, celebrate, and enjoy the sun. Unfortunately, the mix of alcohol and boating—while often socially accepted—can quickly result in criminal charges. One of the most common and misunderstood charges is Boating Under the Influence (BUI). And when everyone on board has been drinking, confusion escalates: Who can be charged if no one admits to being the operator?

Under Illinois law, the answer is more complicated than most expect. The statute governing BUI doesn’t require clear evidence that someone was actively driving the boat at the time of the stop. In fact, you can be charged simply by being in actual physical control of the vessel—even if it wasn’t in motion. In situations where multiple passengers have consumed alcohol, law enforcement often builds cases on circumstantial evidence and witness statements. And if you think refusing to speak or cooperate will protect you, it could actually put you at greater risk if others speak up first.

As a BUI defense attorney in Chicago with decades of courtroom experience, I’ve defended many clients arrested during what they thought was a harmless boat ride with friends. These cases often begin as simple safety checks and quickly escalate into full-blown criminal investigations.

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It’s a warm weekend afternoon, and you’re enjoying time with friends on your boat near Chicago’s lakefront. Everything seems peaceful until you see flashing blue lights approaching from another vessel. Minutes later, you’re pulled over, questioned, and eventually arrested for Boating Under the Influence (BUI). You weren’t speeding. You didn’t hit anything. So how did this happen—and who exactly had the right to stop you?

This is a situation that happens all too often. In fact, BUI charges in Illinois frequently stem from ambiguous or overly aggressive enforcement actions. Understanding who has the legal authority to stop your boat, what powers they actually have, and how to defend yourself when accused is essential. At The Law Offices of David L. Freidberg, we’ve been defending BUI and DUI cases in Chicago for decades, and we’ve seen firsthand how easy it is for these cases to spiral out of control without proper legal representation.

Who Can Legally Stop a Boat in Illinois?

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And What a Skilled Lawyer Can Do About It

Being arrested for DUI is frightening under any circumstances. But it can feel downright surreal when you haven’t had anything to drink—and still find yourself in handcuffs. This happens more often than people realize, especially in Chicago, where officers frequently rely on appearance and behavior to determine impairment. If you have a medical condition that affects your coordination, speech, or demeanor, it may be misinterpreted as intoxication. The result? You could face criminal charges that carry jail time, license suspension, and a criminal record—despite being completely sober.

At The Law Offices of David L. Freidberg, our defense attorney understands how serious this situation is. We’ve successfully defended countless clients across Cook County and throughout the Chicago area who were arrested because of how they looked or moved, not what they actually did. We fight to ensure that your medical condition isn’t used against you in a courtroom.

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Why Every DUI Defense in Chicago Demands a Trial-Ready Attorney

Being arrested for driving under the influence in Illinois is a serious matter with consequences that extend far beyond the courtroom. Many individuals charged with DUI in Chicago believe they’ll never see the inside of a courtroom. They’re hoping for supervision, a reduced charge, or a deal that minimizes damage. That expectation leads some defendants to hire the cheapest lawyer they can find—someone who promises quick resolution without the burden of trial prep. But what that approach ignores is how much trial experience shapes the outcome of every single stage of a DUI case, including those that settle.

Illinois law is not forgiving when it comes to DUI offenses. Under 625 ILCS 5/11-501, even a first-time DUI is a Class A misdemeanor, punishable by up to a year in jail, up to $2,500 in fines, mandatory court supervision, community service, drug and alcohol classes, and license suspension. Aggravating circumstances, such as prior convictions or causing an accident, can elevate the charge to a felony. A Class 4 felony DUI carries a penalty of one to three years in prison. In cases involving death or serious bodily injury, the charges can escalate to a Class 2 felony, with potential penalties of up to seven years in prison. These are not penalties you can afford to gamble with.

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