Aggressive. Experienced.
Former Cook County Felony Prosecutor
Former Cook County Felony Prosecutor
Chicago DUI Lawyer
DUIs Should Not Be Taken Lightly — Chicago DUI Defense Attorney Andrew M. Weisberg Is Skilled, Strategic, and Aggressive
A DUI arrest in Chicago or anywhere in Illinois is far more serious than most people realize. Even a first-time DUI can lead to the loss of your driver’s license, substantial fines, mandatory classes, skyrocketing insurance rates, and in some cases jail time. For repeat offenses or DUIs involving aggravating factors, the stakes are dramatically higher.
Police, prosecutors, and judges throughout Cook County—especially under the current State’s Attorney administration—take an increasingly tough stance on DUI cases. Prosecutors pursue harsher penalties, judges impose stricter conditions, and the legal consequences escalate quickly.
You cannot afford to walk into DUI court alone.
Chicago DUI defense attorney Andrew M. Weisberg, a former felony prosecutor, understands exactly how these cases are built—and how to dismantle them. He brings deep knowledge, aggressive defense strategies, and personalized attention to every DUI case, giving you the strongest chance at protecting your freedom and your future.
Illinois DUI Laws: What You Need to Know
Illinois DUI laws are found under 625 ILCS 5/11-501, which makes it illegal to operate a motor vehicle under any of the following conditions:
BAC (Blood Alcohol Concentration) of 0.08% or Higher
A BAC of 0.08% or higher automatically supports a DUI charge.
Impairment Below 0.08%
Even if you are below 0.08%, you may still be charged if the officer believes alcohol, drugs, or medication impaired your driving.
Drug-Related Impairment
You can be charged with DUI based on:
- Illegal drugs (cocaine, cannabis, heroin, etc.)
- Prescription medications
- Over-the-counter medications – Anything that negatively affects your driving can result in a DUI charge.
• Zero-Tolerance for Drivers Under 21
Any detectable alcohol for an underage driver results in immediate consequences and possible DUI charges.
Illinois has some of the strictest DUI laws in the country, and courts across Cook County do not hesitate to impose harsh penalties—especially for repeat offenders or DUIs involving children, injuries, or high BAC levels.
Penalties for DUI in Illinois
DUI penalties vary depending on the number of prior offenses, the driver’s BAC, whether there were injuries, and whether anyone under 16 was in the vehicle.
Below is a detailed overview:
First Offense DUI — Class A Misdemeanor
- Up to 364 days in jail
- Fines up to $2,500
- Mandatory license suspension of 6 months
- Possible community service
- Mandatory alcohol evaluation and education
- Potential BAIID (ignition interlock device)
If your BAC was 0.16% or higher, penalties increase significantly (mandatory fine and 100 hours of community service).
Second Offense DUI — Class A Misdemeanor
- Up to 364 days in jail
- Mandatory minimum of 5 days in jail or 240 hours community service
- License revocation for at least 5 years
- Mandatory alcohol treatment
If your BAC was 0.16% or higher, additional mandatory penalties apply.
Aggravated DUI (Felony DUI)
A DUI becomes a felony when specific aggravating factors are present. These are known as aggravated DUIs, and they carry far harsher penalties.
Common Aggravating Factors:
- Third or subsequent DUI
- DUI causing great bodily harm, disability, or death
- Driving with a suspended or revoked license
- DUI with a child under 16 in the vehicle
- DUI without insurance
- DUI in a school zone
Examples of Felony DUI Penalties:
- Third DUI — Class 2 felony, 3–7 years in prison
- DUI causing death — Class 2 felony, 3–14 years mandatory prison
- Driving while revoked — Class 4 felony, 1–3 years in prison
Additional Felony DUI Consequences
- Permanent felony record
- Possible forfeiture of your vehicle
- Mandatory BAIID installation
- Lifetime driver’s license revocation in some cases
- Substantial fines
These cases demand an attorney who has handled serious DUI matters for years—someone who knows exactly how prosecutors think. That attorney is Andrew M. Weisberg.
Consequences Beyond the Courtroom
A DUI conviction affects far more than your legal record.
Employment
Many employers conduct background checks and may terminate or refuse to hire someone with a DUI conviction.
Insurance
A DUI can cause your auto insurance premiums to skyrocket—or cause your insurer to drop you entirely.
Professional Licenses
Nurses, teachers, lawyers, commercial drivers (CDL), real estate agents, and other licensed professionals may face discipline or revocation.
Immigration Status
DUI convictions can cause severe problems for non-U.S. citizens, including visa or green card issues.
Child Custody
A DUI can be used against you in family court matters.
A DUI is not a simple traffic ticket—it is a life-changing criminal charge.
Defending Against DUI Charges: How Andrew M. Weisberg Builds a Strong Defense
DUI cases are highly technical. Winning requires knowledge not only of the law, but of:
- Proper police procedure
- Field sobriety test administration
- Breathalyzer calibration and maintenance
- Blood and urine testing protocols
- DUI courtroom strategies
As a former prosecutor, Andrew M. Weisberg knows how DUIs are charged, investigated, and proven—and he knows exactly where these cases often fall apart.
Here are key defense strategies he may use:
Challenging the Traffic Stop
If police lacked reasonable suspicion or probable cause, the entire case may be thrown out.
Attacking Field Sobriety Tests
Field sobriety tests are deeply flawed. They may be inaccurate due to:
- Weather
- Footwear
- Medical issues
- Officer error
- Nervousness – Andrew exposes these weaknesses.
Challenging Breathalyzer or Blood Test Results
Breath and blood tests can be wrong due to:
- Improper calibration
- Faulty machines
- Contaminated samples
- Incorrect administration – Even professional medical labs make mistakes.
Disputing Impairment
You can be charged with DUI even below 0.08%, but officers often misinterpret:
- Fatigue
- Anxiety
- Medical conditions
- Medications – Andrew challenges these assumptions.
Investigating Police Conduct
Any violation of your constitutional rights can lead to suppression of evidence, weakening or destroying the prosecution’s case.
What to Do If You’re Arrested for DUI in Illinois
1. Stay Calm and Compliant
Do not fight, argue, or resist. That can lead to additional charges.
2. Do Not Talk
You have the right to remain silent. Use it.
Do not explain yourself, apologize, or try to convince the officer of anything.
3. Call a Lawyer Immediately
Your best chance at a positive outcome begins with early legal intervention.
Contact Chicago DUI attorney Andrew M. Weisberg as soon as possible.
Frequently Asked Questions About DUI Charges in Chicago & Cook County
What qualifies as a DUI in Illinois?
Illinois law makes it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher, but you can also be charged if the officer believes you were impaired by alcohol, drugs, cannabis, or prescription medication — even with a BAC below 0.08. Impairment alone is enough for a DUI charge if the officer claims you were unable to drive safely.
What happens immediately after a DUI arrest in Cook County?
Most drivers face two separate processes: the criminal DUI charge and the Statutory Summary Suspension of their driver’s license. The suspension often begins 46 days after the arrest unless you successfully challenge it. The criminal case proceeds through court, while the suspension is a civil administrative penalty. An attorney can challenge both.
Will my driver’s license be suspended?
In many cases, yes. A failed breath test, refusal to take a chemical test, or evidence of impairment can trigger an automatic license suspension through the Secretary of State. The length of suspension depends on whether you failed or refused the test and whether you have prior DUIs. An attorney can file a petition to challenge the suspension.
What are the penalties for a first-offense DUI?
A first DUI is a Class A misdemeanor, punishable by up to 364 days in jail, fines up to $2,500, court supervision, mandatory alcohol education, and a driver’s license suspension. If your BAC was 0.16 or higher, or if a child was in the car, the penalties increase significantly. Even a first DUI can create long-term consequences if not handled properly.
When does a DUI become a felony in Illinois?
A DUI becomes an aggravated DUI when certain aggravating factors apply, such as having prior DUI convictions, driving on a suspended license, causing serious injury or death, or having a child passenger. Felony DUI penalties can include years in prison, large fines, and a lifetime revocation of driving privileges.
Do I have to take field sobriety tests?
No. Field sobriety tests — such as the walk-and-turn or one-leg stand — are voluntary. Many drivers do not realize they are not legally required to perform them. These tests are subjective and often inaccurate, and declining them cannot be used as evidence of guilt.
Can Breathalyzer or blood test results be challenged?
Yes. Chemical testing must follow strict procedures regarding calibration, certification, timing, and administration. Breath machines malfunction, blood samples can be mishandled, and officers sometimes fail to comply with required protocols. These failures can result in test results being thrown out.
Can I avoid a conviction or criminal record for a DUI?
In many cases, yes. For first-time offenders, court supervision may be an option that prevents a conviction from entering. Proper negotiation, evidence challenges, or filing motions to suppress can significantly improve the outcome. The earlier you involve an attorney, the more options you typically have.
What if the police pulled me over without a valid reason?
Officers must have reasonable suspicion to initiate a traffic stop. If the stop was unlawful, any evidence collected — including breath results, statements, and observations — may be suppressed. Many DUI cases are dismissed because the initial stop did not meet legal requirements.
Will a DUI conviction affect my job or professional license?
Yes. Many employers, especially those requiring driving, background checks, or professional licensing, take DUI convictions seriously. Nurses, teachers, lawyers, commercial drivers, government employees, and financial professionals may face disciplinary actions. Protecting your record is essential.
How should I choose the best DUI lawyer in Cook County?
DUI defense is technical and requires experience with constitutional law, chemical testing, police procedure, and Cook County court practices. Look for an attorney with extensive DUI experience, familiarity with local judges and prosecutors, strong motion practice, and a proven record of negotiating favorable outcomes and winning contested hearings.
Contact Chicago DUI Defense Attorney Andrew M. Weisberg Today
A DUI is serious. The penalties are real. Your freedom, your license, your career, and your future are on the line.
You need a skilled, aggressive, experienced DUI lawyer fighting for you.
For immediate help:
Call Andrew directly 24/7 at (773) 908-9811
Or fill out the Case Review form on the website for a confidential consultation.
Andrew M. Weisberg will review your case, explain your options, and begin fighting immediately to protect your rights, your record, and your future.
The sooner you get experienced legal representation, the better your chances of a successful outcome.
