Aggravated DUI Charges in Illinois

What You Need to Know

A standard DUI charge in Illinois is already a serious matter, but when certain factors are present, the charge can be elevated to an aggravated DUI, which is classified as a felony. Aggravated DUI charges carry harsher penalties, longer license revocation periods, mandatory jail time in many cases, and lifelong consequences. If you or someone you know is facing an aggravated DUI in Illinois, it’s important to understand what the law says, what the possible outcomes are, and how a defense attorney can help.

What Is an Aggravated DUI in Illinois?

Under 625 ILCS 5/11-501(d), a DUI becomes “aggravated” when specific aggravating factors are involved. These factors elevate the offense from a misdemeanor to a felony. While a first or second DUI without aggravating circumstances is generally charged as a misdemeanor, an aggravated DUI is always a felony offense — and the stakes are much higher.

Common scenarios that lead to an aggravated DUI charge include:

• Driving under the influence without a valid license or insurance
• Third or subsequent DUI conviction
• Causing bodily harm, great bodily harm, or death while driving under the influence
• DUI with a child under the age of 16 in the vehicle and causing injury to that child
• DUI while driving a school bus with passengers onboard
• DUI resulting in a crash that causes great bodily harm or permanent disfigurement
• Driving under the influence in a school zone while the speed limit is enforced and causing an accident

Each of these circumstances can escalate a standard DUI into a felony-level aggravated DUI.

Classification and Penalties for Aggravated DUI

The penalties for aggravated DUI vary depending on the circumstances and whether it is your first, second, or third offense. Most aggravated DUI charges in Illinois fall into one of the following categories:

• Class 4 Felony: 1 to 3 years in prison and up to $25,000 in fines
• Class 3 Felony: 2 to 5 years in prison
• Class 2 Felony: 3 to 7 years in prison, extended terms possible
• Class 1 Felony: 4 to 15 years in prison
• Class X Felony: 6 to 30 years in prison, typically in DUI cases involving death

In addition to prison time and fines, a conviction for aggravated DUI may result in:

• Mandatory minimum jail sentences, even for probation-eligible cases
• Revocation of your driver’s license
• Required installation of a Breath Alcohol Ignition Interlock Device (BAIID)
• Mandatory alcohol or drug treatment
• Community service or additional court-ordered programs
• Permanent felony record, which can affect employment, housing, and professional licensing

License Consequences for Aggravated DUI

A conviction for aggravated DUI almost always results in a lengthy driver’s license revocation. For example, a third DUI conviction can lead to a 10-year revocation. In cases involving death or serious injury, the revocation may be lifetime.

After a revocation, you must go through a formal hearing process with the Illinois Secretary of State to seek reinstatement of your driving privileges. This process is complex and requires proof of rehabilitation, consistent abstinence (if ordered), and often completion of alcohol education programs.

Aggravated DUI Involving Injury or Death

When someone is seriously injured or killed as a result of a DUI, the charge escalates dramatically. A DUI resulting in death may be charged as a Class 2 or Class X felony, with mandatory prison time — even for first-time offenders. Probation is rarely an option in these cases.

Injury-related aggravated DUI charges typically involve serious bodily harm or permanent disability to another person. These cases are prosecuted aggressively, and courts are often unsympathetic, especially if children or multiple victims were involved.

Defending Against Aggravated DUI Charges

Just because you’ve been charged with an aggravated DUI doesn’t mean a conviction is guaranteed. There are several ways a skilled defense attorney can challenge the case, such as:

• Questioning the legality of the traffic stop
• Challenging the validity of the breath, blood, or urine test
• Reviewing whether Miranda rights were properly administered
• Investigating whether the aggravating factor was present and provable
• Seeking a reduction to a lesser offense where appropriate

Each case is different, and the specific facts can make a major difference in how the case is resolved. In some situations, it may be possible to avoid a felony conviction altogether.

Why You Need a DUI Defense Attorney Immediately

Aggravated DUI cases move quickly and carry severe consequences. Felony convictions don’t go away, and without the right legal representation, you could lose your freedom, your license, and your future. A defense attorney who handles aggravated DUI cases understands the unique procedures, sentencing risks, and potential strategies available in these high-stakes cases.

Early intervention by an attorney is key. From negotiating with prosecutors to preparing for trial, your legal counsel plays a critical role in every stage of your defense.

Call The Law Offices of David L. Freidberg if You’re Facing Aggravated DUI Charges in Illinois

If you’ve been charged with aggravated DUI in Illinois, time is critical. The Law Offices of David L. Freidberg has extensive experience defending felony DUI cases throughout Chicago, Cook County, DuPage County, Will County, and Lake County. We know what’s at stake, and we’re here to protect your rights and fight for your future.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation, available 24/7. Don’t face felony DUI charges alone — get the legal support you need now.