Chicago Criminal Lawyer Blog
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.
I have handled criminal cases for decades, and one lesson I learned a long time ago is that you should never treat a police report as though it came down from the mountain carved in stone. It is one person’s version of what happened. My job is to test that version.
The Traffic Stop May Be the Most Important Part of the Case
A DUI investigation usually begins with the traffic stop. That means one of the first things I want to know is why the officer pulled my client over. Police officers cannot legally stop every car they feel like stopping just to see whether the driver has been drinking. There must be a lawful basis for the stop. Maybe the officer says you were speeding. Maybe the allegation is that you crossed over the center line. Maybe you supposedly failed to signal. Maybe someone called the police and reported your vehicle. Whatever the claimed reason is, I want to see whether the evidence backs it up. If there is video, I want to watch it. I want to see how the car was actually being driven. I want to know how long the officer followed the vehicle. I want to know whether the alleged violation is visible. And I want to know whether the officer actually had a legal basis to stop the vehicle in the first place. If the stop was unlawful, the evidence obtained after that stop may become subject to challenge. That can change the entire case.
“You Failed the Field Sobriety Tests” Does Not End the Conversation
I hear this constantly. “The officer said I failed.” My response is usually: Let me see the video. Field sobriety tests are not performed in a doctor’s office, on a perfectly flat floor, under ideal conditions. They are usually performed on the side of a road. Usually at night. With squad-car lights flashing. Cars passing by. Sometimes in freezing temperatures. Sometimes in the rain or snow. The person being tested is nervous because a police officer is investigating them for a crime. Now add bad knees, back problems, balance issues, uncomfortable shoes, uneven pavement, poor instructions, or an officer who rushes through the test. Those circumstances matter. I want to see exactly how my client performed. Did the officer explain the test correctly? Did the officer demonstrate it? Did the person actually lose balance? Did they follow instructions? Did they stumble, or does the police report simply say they did? These are not minor details. They are evidence.
I Want to See the Video, Not Just Read What the Officer Says Happened
Body cameras and squad-car cameras have changed DUI defense. Years ago, a defense lawyer often had to rely heavily on an officer’s written description of a traffic stop. Today, we frequently have video. That video can be incredibly important. An officer may write that a driver was confused, unstable, slurring words, or having difficulty following instructions. Then you watch the video. The person is speaking clearly. They are answering questions. They are walking normally. They know where they are. They hand over their driver’s license without difficulty. Does that automatically win the case? Of course not. But it matters. Whenever video exists, I want to see it for myself. I am not going to simply take somebody else’s word for what it shows.
A Breath Test Is Evidence. It Is Not the Word of God.
Many people become convinced they have no defense the moment they see a breath-test result. That is a mistake. Breath-testing equipment is a machine. Machines require maintenance. Machines require proper calibration. Machines have operating procedures. And the person administering the test has procedures that must be followed. I want to know whether those requirements were satisfied. Who administered the test? Was that person properly trained? Was the machine properly maintained? Were the required procedures followed? Were there circumstances that could have affected the test? The same principle applies to blood testing. Who drew the blood? When was it drawn? How was it handled? How was it stored? Who tested it? Was the chain of custody properly documented? Scientific evidence can be powerful evidence. But the fact that evidence sounds scientific does not mean a defense attorney should stop asking questions. Quite the opposite.
Timing Can Matter in an Alcohol Case
Alcohol does not instantly enter your bloodstream the second you swallow a drink. Your body absorbs alcohol over time. That means the timing of your last drink, the traffic stop, your arrest, and the chemical test can be important. In some cases, a person’s blood-alcohol concentration may continue rising after the person has stopped driving. That creates an obvious question: What was the person’s blood-alcohol concentration while the person was actually driving? That is different from simply asking what a machine measured sometime later. Whether this issue helps in a particular case depends entirely on the evidence. But it is exactly the type of issue an experienced DUI lawyer should be looking for.
Your Constitutional Rights Do Not Disappear Because the Police Suspect DUI
People sometimes forget this. The Fourth Amendment still applies. The police still need lawful grounds to stop you. They still need legal justification for what they do after that. There are rules governing searches, seizures, detentions, arrests, and evidence. If those rules are violated, the defense may be able to file a motion asking the judge to suppress evidence. That can be one of the most important parts of a DUI defense. But constitutional issues do not jump off the page and announce themselves. You have to know what to look for. That is another reason experience matters.
DUI Cases Are Criminal Cases
A DUI is not just an expensive traffic ticket. It is a criminal charge. A first DUI may be charged as a misdemeanor, but misdemeanor does not mean meaningless. A DUI can expose you to fines, court costs, alcohol treatment requirements, community service, probation, driver’s-license consequences, and potentially jail. Depending on the circumstances and your prior history, later DUI offenses can become even more serious. A DUI can also create problems outside the courtroom. I have represented clients who were terrified about what the case would mean for their jobs. Commercial drivers have obvious concerns. So do doctors, nurses, teachers, business owners, licensed professionals, and anyone whose livelihood depends on driving or maintaining a professional license. There are also insurance consequences. Family consequences. And the simple embarrassment of having a criminal case hanging over your head. That is why I do not believe DUI cases should be handled casually.
Your Driver’s License Is a Separate Fight
One of the biggest surprises for people arrested for DUI is that the driver’s-license consequences can begin before the criminal case is finished. An arrest can trigger a statutory summary suspension.That creates an entirely separate concern from whether you ultimately win or lose the DUI charge itself. For most people in the Chicago area, losing the ability to drive is not a small inconvenience. How do you get to work? How do you take your children to school? How do you make medical appointments? How do you live your normal life? This is why you should speak with an attorney quickly after a DUI arrest. There may be deadlines and legal options that need to be addressed before you ever get close to resolving the underlying criminal case.
Experience in the Local Courthouse Matters
There is something else people outside the criminal court system often do not understand. Every courthouse has its own personality. I regularly handle cases in Cook County, DuPage County, Kane County, Lake County, and throughout the Chicago area. Judges are different. Prosecutors are different. Police departments are different. Courtroom procedures are different. Some prosecutors handle negotiations one way. Others handle them another way. Certain judges have particular procedures they expect attorneys to follow. Knowing the law is essential. Knowing the courtroom is important too. That kind of knowledge does not come from reading a DUI statute once. It comes from standing in courtrooms year after year.
I Believe You Prepare to Win by Preparing to Fight
Not every DUI case goes to trial. In fact, many do not. But I have always believed that you put yourself in the best position to resolve a criminal case when the prosecution knows you are willing and able to fight it. That means doing the work. Read every report. Watch every video. Examine the stop. Review the field sobriety tests. Analyze the chemical testing. Look for inconsistencies. Research the legal issues. File the appropriate motions. Prepare to cross-examine the police officer. Do not walk into court unprepared and ask the prosecutor, “What will you give me?” That is not how I believe criminal defense should be practiced. If a case should be negotiated, negotiate it from a position of preparation. If a case should be fought, fight it.
Sometimes the Evidence Is Strong. That Does Not Mean the Lawyer’s Job Is Over.
I am not going to pretend every DUI case has a hidden technicality that magically makes it disappear. It does not. Sometimes the evidence is strong. Sometimes the stop was legal. Sometimes the video is damaging. Sometimes the chemical testing was properly performed. An experienced attorney also has to recognize reality. When that happens, the focus may shift from trying to defeat the charge to trying to minimize the consequences. Depending on the facts, the person’s background, and the law, that might include pursuing court supervision when available, presenting strong mitigation, completing required evaluations or treatment, addressing driver’s-license issues, negotiating sentencing terms, or finding another lawful way to reduce the damage. Knowing when to fight is important. Knowing when to negotiate is also important. Experience teaches you the difference.
Do Not Convict Yourself Before You Ever Walk Into Court
This is something I wish more people understood. I cannot tell you how many clients have walked into my office and essentially convicted themselves before I have even opened the police report. “The officer said I was drunk.” “I failed the tests.” “I blew over.” “They have me on video.”Maybe. Maybe not. Let me look at it. Let me read the report. Let me watch the video. Let me examine the evidence. Let me see whether the officer followed the law. You hired a lawyer for a reason. Do not surrender before the lawyer has even had a chance to investigate the case.
What Should You Ask Before Hiring a DUI Lawyer?
Do not be afraid to ask questions. You are hiring someone to protect your future. Ask how long the attorney has been practicing criminal defense. Ask how many DUI cases the attorney has handled. Ask whether the lawyer regularly appears in the courthouse where your case is pending. Ask whether the lawyer handles trials. Ask whether the attorney will personally review the video evidence. Ask whether the lawyer understands field sobriety testing, breath testing, blood testing, suppression motions, and driver’s-license issues. And ask who will actually be standing next to you when your case is called. These are reasonable questions. You should know who you are hiring.
I Have Been Defending DUI Cases for More Than Three Decades
I have practiced criminal defense for more than 34 years. During that time, I have represented people charged with DUI and serious criminal offenses throughout Chicago, Cook County, DuPage County, Kane County, Lake County, and the surrounding communities.I have watched DUI laws change. I have watched police practices change. I have watched technology change.What has not changed is the basic responsibility of a defense lawyer: Make the State prove its case. That means examining the evidence instead of assuming it is correct. It means challenging evidence when there is a legal basis to challenge it. It means telling the client the truth about the strengths and weaknesses of the case. And it means being prepared to stand up in court and fight when fighting is necessary.
Arrested for DUI? Call Before You Make a Decision You Cannot Take Back.
If you have been arrested for DUI in Illinois, do not assume that pleading guilty is your only option. And do not wait until months have passed before you find out what your rights are. The sooner I can look at the reports, videos, testing, license issues, and circumstances surrounding the arrest, the sooner I can begin determining what defenses may be available.
James Dimeas is a nationally recognized, award-winning criminal defense attorney with more than 34 years of experience handling DUI and criminal cases throughout the Chicago area. He has received recognition from the American Society of Legal Advocates, the National Trial Lawyers, the National Academy of Criminal Defense Attorneys, Expertise, AVVO, the American Institute of Criminal Law Attorneys, and Attorney and Practice Magazine.
If you have been charged with DUI in Chicago, Cook County, DuPage County, Kane County, Lake County, or elsewhere in the Chicago area, call 847-807-7405 or complete the firm’s online contact form for a confidential consultation. Do not let a police officer’s opinion decide your future. Do not let a police report decide your future. And do not assume that an arrest means the case is over.
Make them prove it.
Final Thoughts
A DUI charge is not just a traffic ticket—it is a serious criminal matter with long-lasting consequences. From possible jail time and license suspension to financial strain and damaged reputations, the impact can be devastating. But you do not have to face it alone. With an experienced DUI lawyer, you gain an advocate who understands the law, knows the defenses, and will fight to protect your rights.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-34 years of experience handling DUI cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
Call 847-807-7405 or fill out our online form for a confidential consultation to learn more about DUI defense in Illinois and how I can help.
Your future is worth fighting for.
Additional Blogs:
What Happens in a Typical DUI Arrest, by James G. Dimeas, January 19, 2021.