Articles Posted in DUI

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In Chicago, DUI arrests are a common occurrence, particularly during weekends, holidays, and special events. But not every DUI charge carries the same weight. Illinois law distinguishes between a standard DUI, typically charged as a misdemeanor, and an aggravated DUI, which significantly elevates the legal consequences due to specific aggravating factors. These aggravating elements can turn a misdemeanor DUI into a felony, exposing individuals to much harsher penalties and long-term consequences.

In Illinois, criminal offenses are categorized into misdemeanors and felonies. Misdemeanors are less severe and typically result in jail time of up to one year in county jail. Felonies, on the other hand, are much more serious and carry penalties that include over a year in state prison, substantial fines, loss of civil rights, and a permanent mark on one’s criminal record. An aggravated DUI falls squarely in the felony category and often involves bodily harm, prior offenses, or certain aggravating circumstances such as transporting minors or lacking a valid driver’s license.

Statutory Elements and Penalties Under Illinois Law

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The High Cost of Missteps After a Chicago DUI Arrest

In Chicago, DUI enforcement is a daily priority for law enforcement across the city and surrounding counties. Whether you’re stopped near Wrigleyville, the Loop, or the Kennedy Expressway, being arrested for DUI can alter the course of your life. In Illinois, DUI offenses are classified under 625 ILCS 5/11-501 and range from misdemeanors to felonies. A standard first-time DUI is a Class A misdemeanor, but any aggravating factor—such as bodily harm, a child passenger, or a prior DUI—can instantly raise the charge to a Class 2 or even Class 1 felony.

Once the arrest occurs, the clock starts ticking. The State begins gathering evidence. Your license may already be under statutory suspension. The prosecution is already building a case against you. What you do—or fail to do—within days of your arrest can have a significant impact on whether you walk away with a conviction or get the charges reduced or dismissed. Here’s how to avoid the most damaging mistakes that Illinois drivers make after a DUI arrest.

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What Chicago Drivers Should Understand

Chicago is a city of motion—busy streets, high-speed expressways, and constant movement. But with that activity comes danger, especially when impaired driving leads to a fatal outcome. DUI manslaughter, though commonly used in public conversation, is not an official term in Illinois criminal law. The actual charge is “reckless homicide” when a death is caused by driving under the influence. The statute that governs this offense is 720 ILCS 5/9-3. It is one of the most serious criminal charges a person can face, and it’s always a felony.

In Illinois, all crimes are categorized as either misdemeanors or felonies. A DUI that results in someone’s death automatically elevates the case into felony territory. Even if the accused had no criminal history and did not intend to harm anyone, the law imposes strict consequences. Prosecutors are often aggressive in these cases, especially in fatal collisions involving children, construction workers, or emergency responders.

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In Illinois, not all DUI charges are created equal. While a typical DUI may be charged as a misdemeanor, certain circumstances trigger enhanced charges that carry felony consequences. These are known as aggravated DUIs. In Chicago and across Cook County, drivers who are accused of causing injury, driving without a license, or having prior DUI convictions can find themselves facing felony prosecution—even for actions that may not have seemed serious at the time of arrest.

Felony DUI charges are aggressively prosecuted in Illinois, especially in the urban core of Chicago. Local courts are busy, and prosecutors are under pressure to demonstrate they are cracking down on impaired driving. That’s why understanding how a DUI becomes a felony, what happens during the criminal process, and what defenses you may have is critical for anyone charged with this offense.

What Is an Aggravated DUI in Illinois?

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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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