DUI Category Archives — Chicago Criminal Lawyer Blog Published by Chicago, Illinois Criminal Attorney

Why You Need an Experienced DUI Attorney for Your DUI Case

November 7, 2025 | by James G. Dimeas, Esq.

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If you were just arrested for DUI in Illinois, there is a good chance you are scared, embarrassed, angry, or all three. I understand. For more than 34 years, I have represented people charged with DUI and other criminal offenses throughout Chicago and the surrounding counties. I have sat across from countless clients who walked into my office convinced that their case was hopeless because the police officer told them they “failed” the field sobriety tests or because a breath test showed they were over the legal limit. One of the first things I tell them is this: Slow down. An arrest is not a conviction. The police do not get the final word. The prosecutor does not get the final word. And a number printed on a breath-testing machine does not automatically mean you are guilty. A DUI case needs to be investigated. It needs to be challenged. And it needs to be handled by somebody who knows what to look for. That is where experience matters.

I Do Not Start a DUI Case by Assuming the Police Are Right

When I receive a DUI case, I do not begin by asking how quickly we can work out a plea. I start by asking questions. Why did the officer stop the car? What exactly did the officer claim to see? Is there squad-car video? Is there body-camera video? Does the video actually match what the officer wrote in the police report? How were the field sobriety tests administered? Was the breath-testing equipment functioning properly? Were the proper procedures followed? Were there constitutional problems with the stop, detention, arrest, search, or testing? Those questions matter. Police officers make mistakes. Machines malfunction. Reports contain exaggerations. People remember things incorrectly. And sometimes the video tells a very different story than the police report.

Can Your License Be Suspended Even If You Are Found Not Guilty of a DUI?

August 8, 2025 | by James G. Dimeas, Esq.

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One of the questions I hear all the time from people arrested for DUI is this: “If I beat the DUI case, doesn’t that mean I get my license back?” You would think so. Unfortunately, in Illinois, that is not necessarily how it works. A person can be arrested for DUI, fight the criminal case, be found not guilty, and still have his or her driver’s license suspended. That comes as a shock to a lot of people. It also causes a great deal of frustration because, from a common-sense standpoint, it seems unfair. If the State cannot prove that you were driving under the influence, why should you still lose your license because of the arrest? The reason is that Illinois treats the DUI charge and the driver’s license suspension as two different matters. That distinction is extremely important, and it is one of the first things I explain to clients when they come into my office after a DUI arrest.

A DUI Arrest Can Create Two Separate Problems

When you are arrested for DUI in Illinois, you are usually facing two separate legal proceedings. The first is the actual criminal DUI charge. That is the case where the prosecutor has to prove that you were driving or in actual physical control of a vehicle while under the influence of alcohol, drugs, or another intoxicating substance. The second issue involves your driver’s license. That is where the Statutory Summary Suspension comes into play. The Statutory Summary Suspension is not the same thing as a criminal conviction for DUI. It is an administrative suspension of your driving privileges that can be imposed by the Illinois Secretary of State after a DUI arrest. And here is the part that catches many people off guard: The suspension usually takes effect before your DUI case is ever resolved. In most cases, the Statutory Summary Suspension begins on the 46th day after the DUI arrest unless it is successfully challenged. Your criminal case could still be months away from trial. You may not even have received all of the police reports or videos yet. It does not matter. Unless the suspension is successfully challenged, it can go into effect while the DUI charge is still pending.

Illinois DUI Laws in 2025: What You Need to Know

March 31, 2025 | by James G. Dimeas, Esq.

Illinois-DUI-Laws-300x200 Driving under the influence (DUI) is one of the most serious and aggressively prosecuted offenses in Illinois. If you are facing DUI charges in 2025, you need to understand how Illinois DUI laws work, what penalties you may face, and how an experienced criminal defense attorney like James Dimeas can help protect your rights and your future.

Understanding Illinois DUI Laws in 2025

Illinois has strict DUI laws designed to reduce impaired driving and enhance road safety. The legal blood alcohol concentration (BAC) limit remains at 0.08% for drivers over 21. However, the state enforces a zero-tolerance policy for drivers under 21 and strict penalties for commercial drivers (CDL) with a BAC of 0.04% or higher.

Reckless Driving and DUI Charges: How They Relate and What You Need to Know

March 3, 2025 | by James G. Dimeas, Esq.

DUI-300x200 If you are facing criminal charges for reckless driving or DUI (Driving Under the Influence), you may be wondering about the differences and similarities between these offenses. Both reckless driving and DUI are serious charges that can have significant legal consequences, including fines, license suspension, increased insurance rates, and even jail time. Understanding how these charges relate to one another is crucial when building a strong legal defense.

James Dimeas, has decades of experience representing individuals charged with reckless driving, DUI, and other serious traffic offenses. If you are in need of a skilled criminal defense attorney, contact James Dimeas today to discuss your case.

Understanding Reckless Driving

Understanding What Constitutes “Driving” for a DUI in Illinois: A Comprehensive Overview by Criminal Defense Attorney James Dimeas

February 4, 2025 | by James G. Dimeas, Esq.

DUI-300x200 As an experienced criminal defense attorney in Illinois, I have seen firsthand how the definition of “driving” can significantly impact DUI cases. When facing DUI charges, it is essential to understand what the law considers as “driving” under the state’s statutes. This blog post aims to provide clarity on what constitutes driving for a DUI in Illinois, the legal nuances involved, and how an experienced DUI defense attorney can help protect your rights.

The Legal Definition of “Driving” in Illinois

In Illinois, DUI laws do not limit the offense to merely operating a vehicle on public roads. The legal definition of “driving” is broader and includes several actions that might not be immediately apparent. Under Illinois law, a person can be charged with DUI if they are in control of a vehicle while under the influence of alcohol or drugs. But what exactly does “in control” mean?

If You Are Pulled Over for a DUI, Do You Have to Take the Breathalyzer Test?

March 8, 2024 | by James G. Dimeas, Esq.

DUI-1-300x200 In almost every DUI case that I sign up, the client wants to know whether they were right to take a Breathalyzer Test or whether they made the right decision to refuse to take the Breathalyzer Test. It’s so common that I often answer the question before the client asks the question. Unfortunately, there is no simple answer to that question. That’s because there can be serious consequences when you decide whether to take the test or refuse to take it. In Illinois, the mere refusal to submit to a Breathalyzer Test carries a mandatory 12 month suspension of your Illinois driver’s license. If you take the Breathalyzer Test, and the result shows that the blood alcohol content was over the legal limit of 0.08 or above, your Illinois driver’s license will be suspended for 6 months. This is known as the Statutory Summary Suspension. These suspensions kick in 46 days after the date of your DUI arrest. If you have had a DUI within 5 years of your current DUI, the suspension of your license for taking a Breathalyzer Test can be 12 months, and a refusal would be a 36 month suspension of your license. Even if you don’t have an Illinois driver’s license, your driving privileges in Illinois will be suspended during the suspensions and this could affect your out-of-state driver’s license as well. This could be important for people who live outside of Illinois with an out-of-state license who need to drive in Illinois for work. Since deciding whether or not to submit to a breathalyzer is not a straight-forward decision, let’s talk about the different factors that should come into play when making this decision.

In most DUI cases, the police officer will request that you take a breathalyzer test. If the officer suspects that you may be under the effects of illegal drugs, the officer may ask you to submit to a blood test or provide a urine sample. A refusal to take a blood test or provide a urine sample will have the same effect as refusing to submit to a breathalyzer test. If the sample is over the legal limit you will be facing a 6 month Statutory Summary Suspension and a refusal will lead to a 1 year suspension of your license.

There’s a difference between the Portable Breath Test (PBT) that the officer will request you perform at the scene, and the Breathalyzer Test which is performed at the police station. The PBT is a small device that the officer has at the scene which will display your blood alcohol level immediately on the device. The results of the PBT are not admissible in Court to prove that your blood alcohol level was over the legal limit. The reason for this is that the PBT is not sufficiently scientifically reliable to be admissible in Court. However, it can be used by the State to show that the officer had Probable Cause to place you under arrest and take you to the station for further investigation. A refusal to submit to a PBT will not lead to a suspension of your license. If the blow into the PBT indicates that your blood alcohol content is over the legal limit, your license will not be suspended. The Statutory Summary Suspension only applies to the Breathalyzer test that is performed at the police station.

If You Are Pulled Over for a DUI, Are You Required to Perform the Field Sobriety Tests?

January 15, 2024 | by James G. Dimeas, Esq.

DUI-300x200 Being pulled over by a police officer can be a stressful and confusing situation for most motorists. This is especially true If you have consumed alcohol earlier in the day. When the officer approaches your car and starts asking you where you are coming from, and where you are going, and if you have been drinking. Now your mind starts racing and your heart starts beating. Am I getting arrested for a DUI? The officer takes your license and walks back to his vehicle to run your license. The officer returns to your car and asks you to get out of your vehicle and perform some tests to see if you are okay to drive. Let’s talk about what Field Sobriety Tests are and whether you are required to perform them.

What Are Field Sobriety Tests?

The Field Sobriety Tests are the tests administered by a trained officer to asses whether a driver is impaired. If the tests are properly administered by a properly trained officer, they have been scientifically proven to be 90% accurate. The results of a Field Sobriety Test are legally admissible in Court and are usually an important part of the state’s prosecution of a DUI case. There are three (3) basic tests that are designed to asses your balance, coordination, and your ability to divide your attention to more than one task at a time. The 3 Field Sobriety Tests are as follows:

Schaumburg Police Release Holiday Enforcement Numbers

January 28, 2023 | by James G. Dimeas, Esq.

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Over the holiday weekend, the Schaumburg police conducted their annual “Drive Sober or Get Pulled Over” enforcement campaign. The enforcement campaign ran from December 16 to January 2. The annual campaign is run by the Illinois Department of Transportation and is managed funded by the National Highway Traffic Safety Association, which provides the funding for the campaign. Most of the local police departments in the area participated in the campaign. The funds allowed the Schaumburg Police to add four additional units to be dedicated to enforcing the traffic laws during the campaign.

The Schaumburg Police released their numbers last week. The vast majority of citations issued were for Distracted Driving. That is not surprising. I have seen a drastic increase in the number of tickets issued for Distracted Driving in recent years.. Distracted Driving is what is commonly known as “texting and driving”. However, there’s much more to distracted driving than just texting. Authorities have been struggling with trying to curb the use of cell phones while driving. Numerous studies throughout the years have shown that using a cell phone while driving is more dangerous than drinking and driving. When cell phones started becoming popular, the state legislature made it illegal to text while driving. That’s why any new laws or rules having to do with the use of cell phones by drivers are commonly associated with texting. After the initial texting and driving laws were passed, authorities realized that much more needed to be done. The cell phone rules were tightened, and today, the rules against using a cell phone while driving are much more strict than ever. It is against the law to use a cell phone when driving as long as the phone is completely hands free. As a general rule, touching your cell phone while you are driving can land you a date in Traffic Court. There are some very limited exceptions to the general rule, but officers have become increasingly diligent and aggressive when it comes to enforcing the cell phone laws. On any given day in Traffic Court, it is not uncommon to see that a large percentage of citations issued are for Distracted Driving. When the first cell phone laws were passed, the punishment for getting caught was a fine that was not reported to the Secretary of State so it did not affect your license. The current laws have made a ticket for Distracted Driving to have the same effect on your license as any other traffic tickets. Distracted Driving tickets are reported to the Secretary of State and these tickets can count points against your license, just like any other ticket.

Only one speeding ticket was issued by the Schaumburg Police during the campaign and 1 DUI occurred during the campaign over the holiday. The only DUI arrest was For Driving Under the Influence of Drugs. When Illinois legalized the recreational use of Marijuana, authorities were concerned that it would cause a big jump in the number of people charged with a DUI for Driving Under the Influence of Cannabis. That did not materialize. While it became much more common to see DUI cases involving the use of Marijuana, I have not noticed a big increase in such cases. It is not very common to see DUI cases involving marijuana.

Alliance Against Intoxicated Motorists Releases Annual DUI Survey

July 20, 2022 | by James G. Dimeas, Esq.

DUI-300x225 Last week, the Alliance Against Intoxicated Motorists released their annual survey of DUI arrests in Illinois. The Alliance Against Intoxicated Motorists conducts annual surveys of DUI arrests by the 700 police agencies in Illinois. The survey is funded by the Illinois Department of transportation. The survey gives us an understanding of where most DUI arrests happen and allows us to compare previous years to see any emerging patterns and trends involving DUI cases and DUI arrests.

As usual, the Chicago Police Department reported the largest number of DUI arrests in Illinois. The Chicago Police Department made 1,622 DUI arrests in 2021. This figure represents an almost 28% decrease from 2020, when the Chicago Police made 2,240 DUI arrests. Decatur came in second with 353 DUI arrests in Illinois in 2021. Aurora, the second largest city in Illinois, came in third with 325 DUI arrests in 2021. Aurora’s numbers are significant because the number of DUI arrests increased almost 63% over 2020. In 2020, Aurora only had 200 DUI arrests. Compared to 325 DUI arrests in 2021, one can see how significant the increase in DUI arrests was in Aurora in 2021.

The Illinois State Police also saw a big increase in the number of DUI arrests in 2021 compared to 2020. The Illinois State Police made 6,596 DUI arrests in 2021. In 2020, the Illinois State Police made 5,947 DUI arrests. The Illinois State Police saw an increase of almost 11% in 2021 over 2020 in DUI arrests.

Do Police Actually Say That You Have The Right To Remain Silent?

December 7, 2021 | by James G. Dimeas, Esq.

Criminal Defense Lawyer It is common for clients to ask me if I can get their case dismissed because the police did not tell them that they have the right to remain silent when they were arrested. The right to remain silent comes from the 5th Amendment to the United States Constitution which protects citizens from incriminating themselves. This means that you cannot be forced to testify against yourself. The 5th Amendment’s right to remain silent is an important right that every citizen has but is not asserted as often as it should be by criminal defendants. In order for a statement made to the police during a custodial interrogation to be used against you in Court, the state has to prove that you made a knowing, intelligent, and voluntary waiver of your 5th Amendment right to remain silent. Let me explain.

It’s important to know when your 5th Amendment right to remain silent kicks in. Many people mistakenly believe that you can assert your 5th Amendment rights as soon as you are arrested. But that may not always be the case. The 5th Amendment’s right against self-incrimination applies to situations in which the defendant is in custody and is being questioned by the police. If you waive your 5th Amendment right to remain silent and voluntarily speak to the police, anything you tell them can be used against you in Court to prosecute you for the crime(s) that you are being charged with.

There are 2 basic elements to the 5th Amendment that must apply to the case in order for the 5th Amendment to kick in. The first element is ‘custody’. In order for the 5th Amendment to apply, you had to have been in custody. Whether you were in custody or not depends on the specific facts of your case. Generally, you will be considered to have been in custody if you were not free to leave. When raising a possible 5th Amendment violation in Court, when the police officer is testifying, the defense attorney will ask the officer if the defendant was free to leave when the questioning began.