An Aggravated DUI is far more serious than a standard DUI charge in Illinois. These cases carry felony penalties and can permanently alter your life.
A DUI arrest or conviction can follow you for years, even after you’ve completed your sentence.
Being charged with a DUI in Chicago can be overwhelming, confusing, and frightening. Illinois has some of the strictest DUI laws in the country, and even a first-time offense can carry serious consequences that affect your freedom, finances, and future. Understanding how DUI cases work and why experienced legal representation matters is critical if you want to protect your rights. Understanding DUI Charges in Illinois In Illinois, you can be charged with Driving Under the Influence (DUI) if your blood alcohol concentration (BAC) is 0.08% or higher, or if drugs—legal or illegal—impair your ability to drive safely. DUI charges are not limited to alcohol; prescription medications, marijuana, and other substances can also lead to arrest. Law enforcement officers may use: Field sobriety tests Breathalyzer tests Blood or urine testing However, these tests are not always reliable. Improper procedures, faulty equipment, or unlawful traffic stops can all be challenged in court. Penalties for DUI in Chicago A DUI conviction can lead to: License suspension or revocation Heavy fines and court costs Mandatory alcohol education or treatment programs Increased insurance rates Jail time, even for some first offenses The penalties increase significantly if there are prior convictions, high BAC levels, or aggravating factors. Why You Should Never Handle a DUI Case Alone Many people assume they should simply plead guilty and move on—but this can be a costly mistake. A DUI conviction can remain on your record permanently in Illinois, affecting employment opportunities, professional licenses, and housing applications. An experienced DUI attorney can: Challenge the legality of the traffic stop Question the accuracy of breath and blood tests Identify violations of your constitutional rights Negotiate reduced charges or alternative sentencing Hire Herzberg Law Firm for DUI Defense in Chicago When facing DUI charges, having the right legal team makes all the difference. Herzberg Law Firm has extensive experience representing DUI clients throughout Chicago and the surrounding areas. The firm understands Illinois DUI laws inside and out and takes a strategic, aggressive approach to defending clients. Herzberg Law Firm is known for: Personalized legal strategies Thorough case investigations Strong courtroom advocacy Clear communication and guidance If you are facing a DUI charge in Chicago, do not leave your future to chance. Contact Herzberg Law Firm to protect your rights and fight for the best possible outcome.
In Illinois, people who have celebrated their 21st birthday are legally allowed to consume alcohol and cannabis. People cannot use alcohol or cannabis within their vehicles but are allowed to consume before driving. It is legal to drive after consuming cannabis and alcohol so long as the person is not impaired by the alcohol or […]
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One of the many duties of a police officer is to respond to and to investigate auto accidents. It is unusual for the police officer to have witnessed the auto accident. Many auto accidents, especially at night involve one of the drivers being under the influence of alcohol or drugs, including cannabis. The police officers […]
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As discussed in previous blog posts, there is a civil and criminal law component to each driving under the influence of alcohol or drugs (DUI) arrest. Illinois Statutory Summary Suspension hearings are civil proceedings. The Statutory Summary Suspension law applies to people arrested on publicly owned or maintained roadways. Many Assistant State’s Attorneys will not […]
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My goal in representing clients charged with Driving Under the Influence of Alcohol or Drugs (DUI) in Illinois is for the charge to be dismissed or for the client to be found not guilty of the charge. If that does not happen, a person who pleads guilty or is found guilty of DUI in Illinois […]
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There are certain mandatory sentencing requirements if a person is found guilty or pleads guilty to Driving While Under the Influence of Alcohol or Drugs (DUI) in Illinois. One mandatory sentencing requirement is to attend a Victim Impact Panel. A Victim Impact Panel is designed to help DUI offenders recognize the lasting and long-term effects […]
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Driving Under the Influence of Alcohol or Drugs (DUI) in Illinois is a serious criminal offense. There are many potential outcomes to a DUI case. DUI can be charged as a misdemeanor or a felony, depending on the circumstances. Criminal penalties can range from a minimum sentence of Court Supervision with conditions for a first […]
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As mentioned in other blogs, there are two cases within nearly every Illinois Driving Under the Influence of Alcohol or Drugs (DUI) case . There is the criminal part to every DUI arrest. A person charged with DUI, even a first offender is subject to a maximum jail term of 364 days in a county jail. A felony DUI offender could be subject to a term in the Illinois Department of Corrections. Additionally, a driver’s license Statutory Summary Suspension results from nearly every DUI arrest. This civil penalty begins on the 46th day after arrest and lasts for a minimum of six months to a maximum of three years and until the Secretary of State reinstates driving privileges. An indigent person in Illinois is entitled to the services of the Public Defender’s Office for representation in a criminal case that has a potential for a jail or prison term. This includes DUI cases. The Public Defender’s Office is prohibited from representing a person arrested in a Statutory Summary Suspension hearing, as this is a civil rather than a criminal matter. A judge must appoint a Public Defender. Appointment is not automatic. It depends on the finances of the person requesting the services of the Public Defender. The person arrested would not have to pay a legal fee for representation in the criminal DUI case if the judge appoints the Public Defender’s Office. The Public Defender’s Office cannot represent the client in the civil Statutory Summary Suspension portion of the DUI case. As noted, a person arrested and charged with DUI is essentially fighting two separate cases arising from the same arrest. Besides the criminal case, the person arrested is also faced with a Statutory Summary Suspension of driving privileges effective on the 46th day after arrest. There is a hearing process to try to overturn the driver’s license suspension. The Public Defender is not allowed to represent you in the civil Statutory Summary Suspension part of the case. The Public Defender is only allowed to represent you in the criminal DUI case. Appointment of the Public Defender’s Office prevents you from fighting the driver’s license Statutory Summary Suspension arising out of the DUI arrest. A Public Defender has an enormous caseload. A private attorney is usually more accessible and is more likely to be familiar with your case. This attention to detail could be the difference between winning and losing your DUI case. Additionally, the private attorney’s fee should include representation related to the civil Statutory Summary Suspension part of the case. Steven Herzberg of Herzberg Law Firm understands the financial hardship caused by a DUI arrest. That’s why he accepts a reduced initial retainer and monthly payments. Both the criminal DUI case and the civil Statutory Summary Suspension issued are included in representation. Don’t let the cost of retaining a private attorney stop you from asserting your rights and protecting your driver’s license by fighting the Statutory Summary Suspension of your driver’s license.