When Does a DUI Become a Felony in Illinois?

In a city as fast-paced and heavily policed as Chicago, DUI arrests are a frequent occurrence. From River North to South Shore, drivers are stopped every day under suspicion of driving under the influence. While some cases are classified as misdemeanors, others immediately cross the threshold into felony territory. The line between these two types of charges isn’t always obvious to those who are arrested, but it can mean the difference between a manageable legal matter and a life-altering conviction.

Under Illinois law, the offense of DUI is taken seriously across the board. But when certain aggravating conditions are present, what would normally be charged as a misdemeanor under 625 ILCS 5/11-501 transforms into an Aggravated DUI — a felony offense with much more severe consequences. The stakes increase not just in terms of possible prison time, but also in the permanent mark such a conviction leaves on your criminal record.

The Basics of DUI in Illinois

Illinois law defines driving under the influence broadly. You can be charged with DUI if you are caught driving or in actual physical control of a vehicle while:

Your blood alcohol concentration (BAC) is 0.08% or more
You are under the influence of alcohol, drugs, or any intoxicating compound
You have any trace of a controlled substance in your system
You are impaired due to any combination of alcohol, drugs, or other substances

A standard first or second offense, assuming no injuries or additional aggravating circumstances, is typically a Class A misdemeanor, which carries up to 364 days in jail, up to $2,500 in fines, and a potential driver’s license suspension. However, Illinois does not treat all DUIs equally.

What Elevates DUI to a Felony in Chicago?

A felony DUI, also known as Aggravated DUI, is charged when any one of several specific factors is present. These include but are not limited to:

Third DUI conviction or more
DUI resulting in great bodily harm or death
Driving while your license is suspended or revoked for a prior DUI
DUI while transporting a minor under 16 who is injured in the crash
DUI committed without liability insurance
Driving a school bus with children on board while under the influence

Each of these circumstances transforms what might otherwise be a misdemeanor into a felony under 625 ILCS 5/11-501(d). For instance, a third DUI offense is a Class 2 felony, punishable by 3 to 7 years in prison. If someone is killed as a result of the DUI, the offense can result in mandatory prison time ranging from 3 to 14 years per death and is not probationable.

What Happens After You’re Arrested in Chicago?

Once a person is arrested for DUI in Illinois, they face two separate legal battles. First is the criminal case, which determines guilt or innocence and what penalties will be imposed. Second is the administrative license suspension, which can take place even if the individual is never convicted. If a chemical test shows a BAC of 0.08% or higher, or if the driver refuses testing, their license is suspended under Illinois’s implied consent laws.

After arrest, the State’s Attorney reviews the police report and supporting evidence to determine what charges should be filed. If there is evidence of aggravating factors—like prior DUI convictions or an injured passenger—the case will be filed as a felony and assigned to a courtroom that handles felony matters, such as those at 26th and California in Cook County.

The Investigation and Evidence in Felony DUI Cases

In any DUI case, law enforcement will attempt to build their case through multiple sources of evidence. This includes:

Field Sobriety Test results
Breathalyzer or blood test readings
Video footage from dash cams and body cams
Witness statements
Medical records (if injury is involved)
Driving history (for prior DUIs or license suspensions)
Insurance status documentation

Police reports are often written in a way that emphasizes signs of intoxication, even if those signs are debatable. A skilled defense attorney will question the reliability and legal admissibility of each piece of evidence.

The Criminal Defense Process in Felony DUI Cases

Felony DUI cases typically move through the court system more slowly than misdemeanor cases due to the higher stakes involved. After arraignment, your attorney will receive discovery from the prosecution and begin crafting a defense strategy. This may involve filing motions to suppress evidence, such as an improperly obtained blood test or a lack of probable cause for the traffic stop.

In many cases, a defense attorney will pursue every avenue to reduce the charges to a misdemeanor or negotiate a plea agreement that avoids prison time. In some situations, taking the case to trial is the only way to avoid the long-term consequences of a felony record.

Real Case Example: Felony Reduced to Misdemeanor

We represented a client who had a prior DUI on their record and was involved in a minor crash in the Loop. The arresting officer claimed our client was at fault and impaired, but the blood test was delayed by hours. We challenged the timing and admissibility of the BAC test and brought in an accident reconstructionist to show the other driver’s unsafe lane change was the cause of the crash.

Ultimately, the prosecutor agreed to reduce the Aggravated DUI charge to a misdemeanor. The client completed probation and avoided a felony conviction and prison time.

The Long-Term Consequences of a Felony DUI Conviction

A felony conviction in Illinois results in far more than just jail time. If you are convicted of Aggravated DUI:

You lose your right to vote while incarcerated
You face difficulties securing housing, employment, and professional licenses
You will never be eligible to expunge or seal the offense
Your driver’s license may be revoked for several years
You may be ineligible for financial aid or government programs

The consequences are long-lasting and difficult to overcome without strategic legal defense.

Legal Defenses to DUI and Aggravated DUI in Illinois

Every DUI case has potential defenses depending on the facts. Common defenses include:

No probable cause for the traffic stop
Improper administration or calibration of chemical tests
Inaccuracy of field sobriety tests
No actual physical control of the vehicle
Violation of Miranda rights
Medical conditions that mimic impairment symptoms

In felony cases involving injury or death, additional defenses focus on causation. The prosecution must prove that intoxication—not just the fact that an accident happened—was the direct cause of the injuries or fatality.

Why You Need a Criminal Defense Lawyer for a Felony DUI

Representing yourself in a felony DUI case is a mistake that can’t be undone. Prosecutors in Cook County and neighboring counties treat felony DUIs as serious threats to public safety. Without an attorney, you are likely to face the harshest possible sentence.

A defense lawyer can protect your rights from the first court date to trial. This includes challenging evidence, questioning police procedures, securing expert witnesses, negotiating plea deals, and defending you at trial if needed.

Why Hire The Law Offices of David L. Freidberg

At The Law Offices of David L. Freidberg, we’ve spent decades defending people accused of DUI and Aggravated DUI across the Chicago area. We understand the local court system, the prosecutors, and how to expose weaknesses in the state’s case. We offer free consultations and are available 24/7 to assist you.

Whether you’ve been charged in Cook, DuPage, Will, or Lake County, we’re here to help. The sooner you act, the more options you have. Don’t let a felony DUI destroy your future—let us fight to protect your rights and your record.

Call for a Free Consultation 24/7

If you’ve been arrested for DUI of marijuana in Illinois, don’t wait to act. Time is critical—your license could be suspended even before your first court date.

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.