When Does a DUI Become a Felony in Illinois? A Look Inside Chicago’s Courtrooms

Driving under the influence is taken seriously throughout Illinois, but in Chicago, the consequences can escalate quickly if certain factors are present. While most first-time DUI arrests are charged as misdemeanors, there are circumstances where the state elevates the charge to a felony. When this happens, your future, your freedom, and your ability to drive are all on the line. At The Law Offices of David L. Freidberg, we defend clients every day in Cook County and surrounding areas who face life-changing felony DUI charges.

Understanding Illinois DUI Laws

Under 625 ILCS 5/11-501, it is illegal to operate or be in physical control of a vehicle while your blood alcohol concentration (BAC) is 0.08% or higher, or while impaired by drugs or alcohol. A first or second DUI without aggravating factors is typically a Class A misdemeanor, carrying up to 364 days in jail, fines up to $2,500, mandatory alcohol education, and a license suspension.

However, Illinois law also provides for Aggravated DUI charges, which are felonies. A felony DUI carries a mandatory minimum prison sentence in many cases, long-term loss of your driver’s license, and a permanent criminal record that can never be erased. Felony DUI cases are prosecuted aggressively by state’s attorneys in Cook County, DuPage County, Will County, and Lake County.

Common Situations That Lead to Felony DUI Charges

Illinois law lists several scenarios where a DUI becomes a felony:

Third or subsequent DUI: This is an automatic Class 2 felony, carrying 3–7 years in prison, or up to 14 yearsfor extended-term sentencing.
DUI causing great bodily harm or death: If your alleged actions result in serious injury or a fatal crash, you can face a Class 2 felony and 3–14 years in prison for each death.
DUI while driving with a suspended or revoked license: A Class 4 felony, punishable by 1–3 years in prison.
DUI with a child passenger under 16 resulting in injury: A Class 2 felony with mandatory prison time.
DUI after prior felony DUI conviction: This may be charged as a Class X felony, the most severe, carrying 6–30 years in prison.

These enhancements make the difference between probation and time in the Illinois Department of Corrections.

The Criminal Case Process for Felony DUI in Chicago

Once arrested, you will be taken to a police station for testing, booking, and processing. A bond hearing follows, where the judge determines whether you will be released while awaiting trial. Felony DUI cases are heard in felony courtrooms, often at 26th and California Avenue in Cook County.

Your case then proceeds to arraignment, pretrial motions, and either a plea or a trial. The state must prove every element of the crime beyond a reasonable doubt. With strong legal representation, you may have opportunities to suppress evidence, challenge the arrest, or negotiate a reduction to a misdemeanor DUI.

Defenses Against Felony DUI Charges

Every DUI case is unique, but common defenses include:

Illegal traffic stops lacking reasonable suspicion.
Inaccurate or improperly calibrated breath or blood testing devices.
Lack of proof you were actually driving or in control of the vehicle.
Rising BAC argument showing your alcohol level increased after you stopped driving.

An experienced attorney like David L. Freidberg examines every aspect of your arrest to find weaknesses in the prosecution’s case.

Why You Need an Attorney Immediately

Felony DUI is a life-changing charge that can lead to years in prison, steep fines, and permanent loss of your license. Without legal representation, you risk losing every opportunity to fight the charges. Our firm knows Illinois DUI law inside and out and has decades of experience fighting felony DUI cases in Chicago and surrounding counties. Early involvement gives you the best chance to protect your rights and your future.

Free Consultation with a Chicago DUI Defense Attorney

If you or a loved one is facing a felony DUI charge, time is critical. Call The Law Offices of David L. Freidberg 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We defend clients throughout Cook County, DuPage County, Will County, and Lake County and fight aggressively for the best outcome in every case.

When You Need a Fighter, Call Us

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.