What’s the Difference Between Misdemeanor and Felony DUI in Illinois?

As a criminal defense attorney based in Chicago, I’ve represented hundreds of clients across Cook County, DuPage County, Will County, and Lake County facing DUI charges. In Illinois, not all DUIs are treated the same. Some are charged as misdemeanors, while others are classified as felonies. The line between the two depends on your past record and the circumstances of your arrest.

Chicago is a city with a heavy police presence, and DUI arrests are common throughout the city—from the North Side near Rogers Park to neighborhoods like Pilsen or Garfield Ridge. Every DUI case in Illinois begins with the same basic accusation: that someone was operating a motor vehicle while impaired by alcohol or drugs. But how prosecutors decide to charge it—misdemeanor or felony—has everything to do with aggravating factors under 625 ILCS 5/11-501.

A misdemeanor DUI is typically a first or second offense, involving no injuries, no passengers under 16, and no other crimes. It’s still serious. A misdemeanor DUI conviction can result in up to 364 days in jail, fines up to $2,500, mandatory alcohol treatment, and a driver’s license suspension.

A felony DUI—also known as an aggravated DUI—can be charged when certain conditions are present, including:

• A third or subsequent DUI
• DUI while driving with a suspended or revoked license
• DUI causing serious bodily injury or death
• DUI with a minor under 16 in the car
• DUI in a school zone during restricted hours

These cases are prosecuted under much harsher penalties. Depending on the classification, an aggravated DUI may be a Class 4, Class 3, or Class 2 felony, with mandatory prison time, fines up to $25,000, permanent revocation of driving privileges, and a felony record that impacts jobs, housing, and your future.

Every criminal charge in Illinois is either a misdemeanor or felony—there’s no in-between. A felony DUI doesn’t just increase the punishment, it increases the lasting damage. Employers, landlords, and licensing boards view felony convictions far more harshly than misdemeanors. Even if you avoid prison, the stigma follows you for life.

Understanding the difference between a misdemeanor and felony DUI is the first step. The second step is hiring a lawyer who knows how to challenge the state’s evidence, suppress illegal stops, attack the reliability of breathalyzer results, and help you protect your future.

The DUI Arrest and Criminal Court Process in Illinois

The DUI arrest process in Illinois follows a consistent path, regardless of where it happens—whether on Lake Shore Drive or in a small town outside Chicago. What happens after the traffic stop is where things start to affect your rights, freedom, and future.

It usually starts with a police officer alleging that you were swerving, speeding, or committing some other traffic violation. They claim to observe bloodshot eyes, slurred speech, or the odor of alcohol. You’re asked to step out of the car. The officer may ask you to perform standardized field sobriety tests (SFSTs)—including the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. These are subjective, flawed, and often misapplied. You’re then asked to submit to a breath test.

Refusing the test? That’s your right. But under Illinois’ implied consent law, it comes with an automatic statutory summary suspension of your driver’s license. If you agree and blow over 0.08, you’ll likely be arrested on the spot.

You’ll be transported to a local station, booked, fingerprinted, and held until bond is posted. The arrest triggers two separate legal proceedings: the criminal DUI case and the license suspension case. The latter moves fast—you only have 30 days to demand a hearing to stop the license suspension from taking effect.

Next comes your arraignment, where charges are read, and bail conditions are reviewed. From there, the case proceeds to pretrial hearings, discovery, and possibly trial. Discovery includes reviewing police reports, dashcam footage, test results, and bodycam evidence. If the traffic stop was unlawful, or the arrest was not supported by probable cause, we file motions to suppress that evidence.

DUI cases in Cook County go through various courthouse locations, including:

• Richard J. Daley Center (Loop)
• 26th & California (Criminal Division)
• Skokie Courthouse (North Suburbs)
• Bridgeview, Maywood, and Rolling Meadows

In every courtroom, the burden is on the prosecution to prove impairment beyond a reasonable doubt. A skilled DUI defense attorney in Chicago knows how to dismantle weak evidence, highlight officer errors, and fight to reduce or dismiss charges.

How Missed Check-Ins, Curfew Violations, and Technical Violations Affect DUI Outcomes

Many of my clients believe that if they “only” missed a check-in or forgot to pay a court fee, it won’t affect their case much. But let me be clear: technical violations during a pending DUI case can absolutely impact the judge’s perception of you—and your final outcome.

If you’re released on bond or pretrial services, you are usually ordered to:

• Check in with Pretrial Services
• Abide by a curfew
• Avoid alcohol and drugs
• Submit to random drug testing
• Attend scheduled court appearances
• Pay court fines and fees on time

Failing to do any of these—even once—can result in a violation notice and a warrant for your arrest. Miss a second time, and you risk bond revocation. Once bond is revoked, you may sit in custody while your case plays out—sometimes for months.

Judges in Chicago courtrooms do distinguish between technical violations and substantive violations. A technical violation might be:

• Missing a check-in
• Showing up late to court
• Not paying fines on time

A substantive violation includes:

• Committing another DUI or traffic offense
• Failing a drug or alcohol test
• Violating an ignition interlock requirement
• Removing an ankle monitor

Substantive violations usually result in harsher penalties and fewer options at sentencing. But repeated technical violations signal to the judge that you’re not taking the process seriously. That could mean losing a shot at supervision, probation, or a reduction to a non-alcohol-related offense.

Your DUI lawyer must stay proactive when these issues arise. When clients face bond violations, I often file motions to explain the situation to the judge before a warrant is issued. Judges respect accountability—but they will punish defiance or indifference.

Defense Strategies, Fictional Example, and the Importance of Legal Counsel

Let’s take a realistic scenario. A driver is stopped near Belmont and Ashland in Lakeview for speeding. The officer alleges that the driver failed to use a turn signal and smelled of alcohol. The driver admits to “having a couple” earlier. After SFSTs are performed, the driver is arrested. At the station, the breath test reads 0.11.

On the surface, this might look like an open-and-shut case. But when I take a case like this, I look deeper.

We subpoena bodycam footage and dashcam video. We review whether the stop was legally justified. If the officer had no legitimate reason to pull the car over, all evidence that followed may be excluded. In this case, the video contradicts the officer’s report—showing the driver made a complete stop, used the signal, and didn’t show signs of impairment. A motion to suppress is filed, and the court agrees.

The DUI charge is dismissed.

Police often rely on flawed field tests, breath machines that haven’t been properly calibrated, and arrest reports written to cover poor procedure. Without a criminal defense attorney investigating the fine details, these issues go unchallenged—and defendants plead guilty to avoid worst-case scenarios.

In DUI cases, time is critical. Evidence must be preserved, witnesses located, and procedural deadlines met. From the moment of arrest, every decision you make—whether to submit to a test, whether to talk to police, whether to take supervision—can affect the outcome. Having an attorney to guide each step of the process is not optional. It’s essential.

DUI Defense FAQs

Is a first DUI always a misdemeanor in Illinois?
Yes, a first DUI with no aggravating factors is generally charged as a Class A misdemeanor under Illinois law. However, if you had a child under 16 in the car, caused an accident, or were driving without insurance, it could become a felony.

Will I go to jail for a misdemeanor DUI in Cook County?
You could. A Class A misdemeanor carries up to 364 days in jail. However, first-time offenders may be eligible for supervision, which avoids jail and a criminal conviction—but only if your lawyer argues for it successfully.

How long does a DUI stay on your record in Illinois?
Forever. Illinois does not allow DUI convictions to be expunged or sealed. That’s why it’s critical to avoid a conviction through dismissal, supervision, or a reduced charge.

What if I refused the breath test?
Refusing results in a license suspension of one year for a first offense, and three years for a second. However, refusal may give your attorney more options to fight the case, as there’s no chemical evidence of impairment.

Can I get a DUI reduced to reckless driving?
Possibly. If the evidence is weak or there are constitutional issues, your attorney may negotiate a plea deal for a lesser offense like reckless driving, which doesn’t carry the same long-term damage.

Do I have to testify at my DUI trial?
No. The burden is on the state. Your attorney will help decide whether it’s in your best interest to testify. Often, it’s better not to.

Are felony DUI cases ever beatable?
Yes. I’ve had felony DUI charges dismissed or reduced through pretrial motions, suppression of evidence, and successful negotiations. Every case is different.

Can I represent myself?
You can, but it’s a serious mistake. DUI law is technical, and prosecutors won’t cut you a break because you’re unrepresented. The consequences of failure are too high.

Why You Need an Attorney and Why You Should Call The Law Offices of David L. Freidberg

If you’re facing DUI charges—misdemeanor or felony—the risk of conviction is life-changing. Prison time, license loss, job loss, and a permanent criminal record are all on the table. Whether your case started in downtown Chicago, Cicero, Skokie, or Oak Lawn, the same truth applies: you need a skilled criminal defense lawyer to protect you.

Choosing the right attorney means choosing someone who knows how prosecutors build these cases and how to tear them down. At The Law Offices of David L. Freidberg, I’ve been defending people accused of DUI and other criminal offenses for decades. I know how Cook County judges view these cases. I know when to push for dismissal and when to fight at trial.

We represent clients throughout Chicago and surrounding counties—Cook, DuPage, Will, and Lake—with aggressive defense and honest answers. Don’t make the mistake of handling this on your own or with a public defender who’s juggling hundreds of cases.

Call Now to Defend Your License and Your Freedom

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.