What Is Aggravated DUI in Illinois?

 Posted on December 20, 2025 in DUI

Even if no one was injured, certain facts can turn a misdemeanor driving under the influence (DUI) charge into a felony. In Illinois, aggravated DUI carries harsher penalties and long-term consequences. Before you step into a courtroom, contact our Naperville, IL DUI defense lawyer. At Appelman Law LLC, we can help you understand what you are facing and what options may exist.

How Is Aggravated DUI Defined Under Illinois Law?

Under 625 ILCS 5/11-501(d), Illinois law lists specific circumstances that elevate a standard DUI to an aggravated status. Unlike a standard DUI, which is usually a misdemeanor, an aggravated DUI is a felony offense. The exact felony class depends on the facts of the case, such as prior convictions or whether someone was harmed.

What Factors Can Turn a DUI Into an Aggravated DUI in Illinois?

Aggravated DUI applies when certain conditions are present at the time of the arrest or offense. Common factors that can result in an aggravated DUI charge include:

 Driving while your license is suspended or revoked

• Having multiple prior DUI convictions
• Causing serious injury or death during a DUI
• Driving a school bus with passengers while impaired
• Driving without the required insurance at the time of the DUI

 Only one of these factors needs to be present to support an aggravated DUI charge, but you still have the right to challenge the charge in court.

Is Aggravated DUI Always a Felony in Illinois?

In Illinois, aggravated DUI charges can fall into different felony levels, depending on how serious the situation is. A Class Four felony is the lowest felony level and often applies when aggravation is based on factors like driving on a suspended license or certain prior offenses. Penalties can still include prison time, but probation may be possible in some cases.

 A Class Two felony applies in more serious situations, such as when a DUI causes great bodily harm or permanent disability. These cases carry much harsher penalties and a higher risk of prison time.

 A Class One felony is the most serious level for aggravated DUI and usually involves a fatality. These cases often entail long prison sentences and very limited sentencing flexibility. As the felony level increases, so do the potential penalties and long-term consequences.

Do You Automatically Go to Prison for an Aggravated DUI?

Prison is a possibility for some aggravated DUI cases, but it is not true for all aggravated DUI charges. It typically pertains to cases that involve injury, death, or multiple prior offenses. Other cases may allow probation, treatment, or structured sentencing depending on the facts.

Can Aggravated DUI Charges Be Challenged?

Every case requires a careful investigation before determining the right defense strategy. Talking to an experienced DuPage County attorney is the first step. However, some common defenses in these cases include:

 Challenging whether the traffic stop was lawful

• Questioning whether there was probable cause for the arrest
• Disputing the accuracy or reliability of breath or blood test results
• Identifying errors in how field sobriety tests were conducted
• Arguing that the alleged aggravating factor does not apply
• Showing that the evidence does not support a felony enhancement

 When these issues are present, they can weaken the State’s case. In some situations, it may even lead to a reduced charge or dismissal.

Schedule a Free Consultation With a DuPage County, IL DUI Defense Attorney

At Appelman Law LLC, we help clients evaluate aggravated DUI cases and identify possible defenses. Speaking with an attorney early can help you understand what the charge means and what steps to take next. Call 630-717-7801 today to schedule your free consultation with a Naperville, IL DUI defense lawyer who has the experience your case needs.