Chicago Criminal Lawyer Blog

April 10, 2025

What Are the Punishments for Driving with a BAC Over 0.15% in Waukegan?

by Law Offices of David L. Freidberg, P.C.

Waukegan is a community where people often rely on their vehicles to get to work, visit family, and fulfill daily obligations. But when a person is accused of driving under the influence, especially with a high blood alcohol content, the consequences can be severe. In Illinois, any DUI charge is serious, but a BAC over 0.15% significantly increases the risk of enhanced penalties. These cases can change a person’s life, even if it’s their first offense. Knowing the law, how the process works, and the legal challenges involved is critical.

The Illinois Vehicle Code provides a clear framework for DUI offenses. Under 625 ILCS 5/11-501, it is unlawful to operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating compound. While the legal limit is 0.08%, a BAC over 0.15% brings added consequences. A first DUI is usually a Class A misdemeanor, but a high BAC can trigger additional sentencing conditions like mandatory jail time, higher fines, and required alcohol education.

The classification of the crime and the punishment depend on many factors. A driver with a BAC of 0.15% or higher may face an enhanced sentence even for a first offense. A second or third offense could mean felony charges. Felonies carry prison sentences, longer license revocations, and permanent marks on a person’s criminal record. These penalties are even more severe when the DUI involves an accident, injury, a child passenger, or a suspended license.

April 9, 2025

What Happens If I Get a DUI in Illinois With A Child In The Car?

by Law Offices of David L. Freidberg, P.C.

Being charged with DUI in Illinois is serious on its own — but if you’re arrested for driving under the influence with a child in the vehicle, the situation becomes much more severe. Illinois law imposes enhanced penalties for drivers who operate a vehicle while impaired with a passenger under the age of 16. In many cases, this leads to felony charges, mandatory jail time, and long-term consequences that can affect your career, license, and reputation.

Understanding how the law treats DUI cases involving children — and what to expect if you’re facing this charge — can help you prepare your defense and protect your rights.

Illinois Law on DUI With a Minor Passenger

April 8, 2025

What Happens If I Refuse Roadside Field Sobriety Tests in Illinois?

by Law Offices of David L. Freidberg, P.C.

If you’re pulled over in Illinois and an officer suspects you of driving under the influence, they may ask you to perform roadside field sobriety tests. These tests — such as walking in a straight line, standing on one leg, or following a pen with your eyes — are meant to assess your physical and cognitive abilities. But many drivers don’t realize that field sobriety tests are voluntary in Illinois. You have the legal right to refuse them.

Refusing roadside field sobriety tests is not the same as refusing a breathalyzer, and the legal consequences are very different. Knowing your rights and what to expect can help you make informed decisions during a DUI stop.

What Are Roadside Field Sobriety Tests?

April 7, 2025

Can I Be Charged For Drugs in A Car That Are Not Mine in Illinois?

by Law Offices of David L. Freidberg, P.C.

If you’re riding in a vehicle and police find drugs, you may be wondering — can I be arrested even if the drugs aren’t mine? In Illinois, the answer is yes. You can be charged for drugs found in a car even if they don’t belong to you. It happens more often than people think, and the consequences can be serious.

Whether you’re the driver or a passenger, Illinois law allows prosecutors to file charges if they believe you had control over the drugs or knew they were in the car. Understanding how drug possession laws work in Illinois — especially the concept of “constructive possession” — can help you understand the risks and how to protect yourself.

Actual vs. Constructive Possession in Illinois

April 6, 2025

How To Handle Yourself During A DUI Roadblock in Chicago

by Law Offices of David L. Freidberg, P.C.

DUI roadblocks, also called sobriety checkpoints, are legal in Illinois and regularly set up throughout the Chicago area — especially during holidays or weekends when drinking and driving incidents tend to rise. If you find yourself approaching a checkpoint, knowing how to handle the situation can make all the difference in protecting your rights and avoiding unnecessary trouble.

Even if you haven’t had anything to drink, roadblocks can be stressful. Police are trained to observe everything from your speech to your eye movements, and any small mistake or nervous behavior might raise suspicion. Here’s what to know about how to conduct yourself during a DUI roadblock in Chicago.

Are DUI Roadblocks Legal in Illinois?

April 5, 2025

Can Police Ask For I.D. From My Passengers During a Traffic Stop in Illinois?

by Law Offices of David L. Freidberg, P.C.

When you’re pulled over in Illinois, it’s natural to wonder what rights you and your passengers actually have. One of the most common questions people ask is whether police can ask passengers for identification during a traffic stop — and whether those passengers are legally obligated to comply.

Understanding these rights can make a significant difference in how a traffic stop unfolds, especially when the stop could lead to criminal charges or a more in-depth investigation. Below is what every driver and passenger in Illinois should know.

What the Law Says in Illinois

April 4, 2025

Can Law Enforcement Search My Vehicle Without A Warrant in Illinois?

by Law Offices of David L. Freidberg, P.C.

If you’re pulled over by police in Illinois — whether in downtown Chicago or on a suburban highway — it’s natural to wonder what your rights are when it comes to searches. Many drivers assume officers need a warrant to search a vehicle, but that’s not always the case. In reality, there are several scenarios where law enforcement can legally search your car without a warrant.

Understanding your rights during a traffic stop is critical. An unlawful search can lead to charges being thrown out, but if you don’t know when to object or how to protect yourself, you could end up with evidence being used against you in court. Here’s what every Illinois driver should know.

The Fourth Amendment and Vehicle Searches

April 3, 2025

Fentanyl Trafficking Defense Attorney in Waukegan, Illinois

by Law Offices of David L. Freidberg, P.C.

Facing Fentanyl Trafficking Charges in Waukegan? Here’s What You Need to Know

Being arrested for fentanyl trafficking in Waukegan, Illinois can feel like the end of the road. One minute you’re going about your life, and the next you’re being accused of dealing one of the most dangerous drugs on the street. Law enforcement in Lake County isn’t lenient when it comes to trafficking charges, especially when fentanyl is involved. Prosecutors treat it as a felony, and conviction almost always means prison time.

Waukegan isn’t just a city with a courthouse — it’s a hub for law enforcement activity. With its proximity to major highways and Chicago, the area is under constant watch by local police and federal task forces alike. And with fentanyl involved, prosecutors move quickly. From the very beginning, they’re building a case to hit you with the harshest penalties possible. The moment you’re charged with fentanyl trafficking, your focus has to shift to protecting your freedom.

April 2, 2025

What To Do When Stopped By Police in Chicago

by Law Offices of David L. Freidberg, P.C.

Getting stopped by the police in Chicago — whether you’re walking down the street, driving through the city, or just hanging out with friends — can be intimidating. Your heart may start racing, your mind may go blank, and you might not be sure what to say or do. But how you handle the situation can make a big difference in the outcome. If you’re ever stopped by law enforcement in the city, here’s what you need to know to protect yourself legally and safely.

Stay Calm and Be Respectful

One of the most important things you can do during any police encounter is to stay calm. Keep your hands where officers can see them, avoid sudden movements, and don’t raise your voice. Whether or not you feel the stop is fair, resisting or acting aggressively will only make things worse. Many situations escalate unnecessarily when people argue or fail to cooperate during the initial moments of a stop. Remember, you can challenge the stop later with your attorney — but that doesn’t happen on the street.

April 1, 2025

Fentanyl Possession Defense Lawyer in Waukegan, Illinois

by Law Offices of David L. Freidberg, P.C.

Facing a Fentanyl Charge in Waukegan, Illinois

Waukegan is a vibrant city located on the shores of Lake Michigan and serves as the county seat of Lake County, Illinois. With a population exceeding 85,000, it is a hub for commerce, culture, and unfortunately, criminal prosecutions. In recent years, fentanyl has become one of the most aggressively prosecuted drugs in Illinois, and Waukegan is no exception. If you’re charged with fentanyl possession in this city, you are stepping into a high-stakes legal environment where prosecutors and judges take these offenses very seriously.

Fentanyl is not treated like other narcotics. Because of its potency and the alarming number of overdose deaths tied to its use, Illinois lawmakers have enacted strict statutes that impose harsh penalties on those convicted of possessing it. The Controlled Substances Act governs these cases and outlines serious consequences for even minor amounts. If you’re facing charges, it’s important to understand what you’re up against — and how an experienced defense lawyer can help protect your future.