Frequently Asked Questions

  • How long do I have to request a hearing for a statutory summary suspension in Illinois?

    You have 90 days from the date of your DUI arrest to request a hearing and challenge the automatic license suspension. Missing this deadline means the right to challenge the suspension is legally barred. At Herzberg Law Firm, we help Chicago-area drivers act quickly to preserve their driving privileges.

  • What's the difference between a misdemeanor and felony DUI in Illinois?

    A felony DUI typically involves aggravating factors like repeat offenses, high BAC, bodily injury, or driving on a suspended license. Misdemeanor DUIs are generally first or second offenses without serious injury. Felony charges carry harsher penalties including prison time and longer license revocation.

  • Can I get a DUI charge reduced or dismissed in Cook County?

    Yes, through expert motion practice, evidence challenges, and negotiation, DUI charges can sometimes be reduced or dismissed. Factors like procedural errors, faulty testing, or lack of probable cause play a role. At Herzberg Law Firm, we use our familiarity with Cook County courts to build strong defenses.

  • What makes a DUI an aggravated DUI in Illinois?

    Aggravated DUI is a felony charge triggered by factors such as causing bodily injury, having a BAC over 0.16, repeat offenses, or driving without a valid license. These charges carry severe penalties including prison time and lengthy license revocations, requiring immediate legal action.

  • When does speeding become a criminal offense in Illinois?

    Driving 26 mph or more over the posted speed limit is classified as aggravated speeding, a criminal misdemeanor. This can result in a permanent criminal record, license suspension, and steep insurance increases. Chicago expressways like I-294 and I-90 are common enforcement zones.

  • How does Chicago's commuter environment affect DUI defense strategies?

    Chicago's heavy reliance on driving for work and family makes protecting your license critical. We prioritize minimizing suspensions. At Herzberg Law Firm, we understand local court procedures that impact commuters throughout Cook County.

  • What's the biggest mistake people make after a DUI arrest?

    Not hiring an attorney immediately is the most common mistake. Illinois law requires action within 90 days to challenge a statutory summary suspension.  Suspension will begin on the 46th day so its wise to contest as soon as possible. Delays often mean automatic penalties take effect without any chance to contest them. 

  • Can I expunge a DUI from my record in Illinois?

    DUI convictions cannot be expunged, but arrests that result in acquittal, dismissal may be eligible. Illinois law sets specific waiting periods and filing requirements. At Herzberg Law Firm, we guide clients through petitions in Cook County and nearby jurisdictions.

  • How does a reckless driving charge differ from a DUI?

    Reckless driving is a separate offense involving willful or wanton disregard for safety, not necessarily alcohol. It's often charged when DUI evidence is weak or as a reduced plea. Both can impact your record, but penalties and defenses vary.

  • What evidence can be challenged in a DUI case?

    Common challenges include improper traffic stops, flawed field sobriety tests, breathalyzer calibration errors, and blood sample handling issues. Strong defenses often hinge on procedural mistakes or violation of rights. We thoroughly review officer reports and testing procedures to build your case.

  • Why is timely action so critical in aggravated DUI cases?

    Aggravated DUI is a felony with severe, fast-moving consequences including jail time and extended license loss. Early intervention allows your attorney to challenge evidence, negotiate, and protect your future. At Herzberg Law Firm, we emphasize immediate case review for these complex charges.