Aggravated DUI Illinois | Felony DUI Attorney Chicago

When does a DUI become the felony offense of Aggravated DUI?

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Illinois DUI Statute 625 ILCS 5.0/11-501-A

Dennis Dwyer is a DUI attorney in Cook County, and a leading DUI attorney in Illinois. Rated A+ on BBB, 10 out of 10 on Avvo, and Top 20 Criminal Defense Lawyers on Expertise.com. Contact Dennis Dwyer when you receive a felony DUI in illinois.

Aggravated DUI Cases in Illinois

    • IVC – AGG DUI/NO VALID DL
    • IVC – AGG DUI/LIC SUSP OR REVOKED
    • IVC – AGG DUI/3/PASS <16
    • IVC – AGG DUI/3
    • IVC – AGG DUI/4
    • IVC – AGG DUI/ACCIDENT/DEATH

How many DUIs are a Felony in Illinois?

Driving a motor vehicle while under the influence of drugs or alcohol (DUI) is a serious offense.  A first time DUI is typically a misdemeanor offense; however, any DUI that results in felony charges is called an Illinois Aggravated DUI.  Depending on the circumstances, even a first DUI conviction can result in felony charges.  Aggravated DUI charges have a mandatory sentence that cannot be waived even if probation is given.  If convicted of Aggravated DUI, a mandatory minimum sentence of 10 days in jail or 480 hours of community service must be served.

What is an Aggravated DUI?

There are several offenses that fall under the term Illinois Aggravated DUI. You might also be wondering, is a DUI a felony in Illinois? The following chart shows the various offenses and their possible sentences.

Aggravated DUI OffenseChargePossible Sentence
Third DUIClass 2 felony
  • sentence varies depending on offense
  • probation up to 48 months
  • revocation of driving privileges for a minimum of 10 years
  • 3-7 years
  • fines up to $25,000
Fourth DUIClass 2 felony
  • non-probationable
  • revocation of driving privileges for life
  • 3-7 years
  • fines up to $25,000
Fifth DUIClass 1 felony
  • non-probationable
  • revocation of driving

privileges for life

  • 4-15 years
  • fines up to $25,000
Sixth or subsequent DUIClass X felony
  • non-probationable
  • revocation of driving

privileges for life

  • 6-30 years
  • fines up to $25,000
DUI while driving a school bus with a passenger under the age of 18Class 4 felony
  • probation up to 30 months
  • 1-3 years
  • fines up to $25,000
DUI resulting in an accident causing great bodily harm or permanent disability or disfigurementClass 4 felony
  • probation up to 30 months
  • 1-12 years
  • minimum 2 years revocation of driver’s license
  • fines up to $25,000
DUI after previously convicted of reckless homicide or Aggravated DUI with a deathClass 3 felony
  • probation up to 30 months
  • 2-5 years
  • fines up to $25,000
DUI while in a school zone, involved in an accident with bodily harmClass 4 felony
  • probation up to 30 months
  • 1-3 years
  • fines up to $25,000
DUI on a revoked or suspended licenseClass 4 felony
  • probation
  • 1-3 years
  • fines up to $25,000
DUI without a license or permitClass 4 felony
  • probation up to 30 months
  • 1-3 years
  • fines up to $25,000
DUI without liability insuranceClass 4 felony
  • probation up to 30 months
  • 1-3 years
  • fines up to $25,000
DUI when a child under 16 received bodily harmClass 2 felony
  • probation up to 48 months
  • penalties vary depending on offense
  • 3-7 years
  • fines up to $25,000
Second or subsequent DUI while driving with a child under 16Class 2 felony
  • probation up to 48 months
  • penalties vary depending on offense
  • 3-7 years
  • fines up to $25,000
DUI while transporting one or more person for hireClass 4 felony
  • probation up to 30 months
  • 1-3 years
  • fines up to $25,000
DUI resulting in a deathClass 2 felony
  • probation only for extraordinary circumstances
  • 1-12 years
  • minimum 2 year revocation of driving privileges
  • fines up to $25,000

Is a DUI in Illinois a felony or misdemeanor?

Sentencing for Aggravated DUI vary depending on the circumstances of the offense.  The number of previous DUI convictions, Blood Alcohol Content (BAC) level, and presence of a minor all impact the sentence. Each subsequent DUI conviction results in stiffer penalties.  Likewise, BAC levels higher than .16 (twice the legal limit) result in higher penalties.  Similarly, the presence of a child under the age of 16 increases the sentence.  Though the exact sentence may vary depending on the case, there are several penalties that any DUI conviction has in common:

  • suspension of driving privileges
  • suspension of vehicle registration
  • required to carry high risk auto insurance
  • complete drug/alcohol evaluation and treatment
  • must meet requirements of Secretary of State’s Department of Administrative Hearings
  • conviction will be a permanent part of driving record

Mandatory Minimum Sentence for Aggravated DUI

Since Aggravated DUI convictions are felonies, the possible sentence for an Aggravated DUI is much higher than a DUI conviction.  Aggravated DUI convictions have a mandatory minimum sentence of:

  • 10 days in jail; or
  • 480 days of community service

Great Bodily Harm

If driving under the influence results in an accident that causes great bodily harm,  permanent disability or disfigurement to another person than it is considered an Aggravated DUI.  The term great bodily harm is vague and  each case must be considered separately.  For a conviction of this type of Aggravated DUI, the state would have to prove that the offender was driving while under the influence of drugs or alcohol and that he/she was involved in an accident that caused great bodily harm to another person.  It would be up to the jury to decide if great bodily harm did in fact occur.  Past cases show that great bodily harm is more serious than lacerations, bruises or abrasions which are considered bodily harm.  Examples of great bodily harm include:

  • paralysis
  • loss of limb
  • loss of functioning in a limb
  • broken bones
  • head, neck or spine injuries
  • serious cuts or burns
  • scarring or serious disfigurement

Hire a Chicago DUI Defense Attorney

Illinois DUI laws are complicated and possible sentences vary depending on the circumstances of the offense.  Dennis Dwyer is a knowledgeable Chicago DUI Attorney that has studied the law and knows how to best way to defend your case.  He has experience defending against Aggravated DUI charges and can help you secure the best possible outcome to your situation.  The penalties for Aggravated DUI are severe; make sure to ensure your defense by having Dennis Dwyer represent you.  Contact his office today to learn more.

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