First-Time DUI? You Could Still Be Charged With a Felony in Illinois

Most people in Chicago assume a DUI is only a misdemeanor if it’s your first offense. While that’s often true, Illinois law allows prosecutors to file aggravated DUI charges even against first-time offenders. That means a driver with no prior record could face felony charges and prison time based on certain circumstances.

At The Law Offices of David L. Freidberg, we’ve seen too many people walk into court assuming they’ll get supervision or a fine—only to be blindsided by felony charges. Aggravated DUI isn’t about how many times you’ve been arrested. It’s about the facts of the incident and how prosecutors choose to charge it.

Whether you were in an accident, had a suspended license, or had a child in the vehicle, your DUI could become a felony before your first court date.

---

What Is Aggravated DUI Under Illinois Law?

Illinois statute 625 ILCS 5/11-501 defines the offense of driving under the influence. The basic DUI charge is a Class A misdemeanor, punishable by up to 364 days in jail and up to $2,500 in fines. But under section (d) of that statute, the same DUI can become aggravated—and therefore a felony—when specific aggravating factors are involved.

You don’t need multiple DUIs to be charged with a felony. In fact, some of the most common ways a first-time DUIbecomes aggravated include:

• Driving under the influence while your license is suspended or revoked

• Causing great bodily harm or permanent disability to another person

• Having a passenger under 16 years old in the vehicle, especially if injured

• Being involved in a crash resulting in death or serious injury

• Driving a school bus or for-hire vehicle under the influence

• Committing DUI in a school zone during restricted hours

Each of these circumstances elevates the DUI from a misdemeanor to a Class 4, 2, 1, or even Class X felony, depending on the severity. Illinois law under 730 ILCS 5/5-4.5 lays out sentencing ranges, with some aggravated DUIs carrying non-probationable prison terms of 6 to 30 years.

This isn’t just a matter of bad luck—it’s how DUI law is written and enforced across Cook County and surrounding jurisdictions.

---

Felony DUI in Cook County: How Prosecutors Escalate Charges

In Chicago, DUI arrests typically start with a traffic stop or crash investigation. Once the officer suspects impairment, they may conduct field sobriety tests, a breathalyzer, or make an arrest based on their observations. But once the arrest is made, the case gets referred to the State’s Attorney’s Office—and that’s when felony review begins.

Prosecutors examine the facts and determine whether an aggravated DUI charge is justified. They look for:

• Prior DUI convictions

• License status

• Injury reports or hospital records

• Whether children were present

• Past reckless homicide or vehicular offenses

Even if you weren’t cited for those things at the scene, prosecutors can still add felony charges before your arraignment.

We often get calls from clients who were booked at the station for misdemeanor DUI, only to find out they’re facing felony arraignment at 26th and California a few days later. That’s why you should never assume your case is “minor” until you’ve consulted a qualified defense attorney.

---

Real Case Outcome: DUI with a Suspended License in Cicero

Our client, a single mother from Cicero, was pulled over late at night near Cermak Road. She had a single glass of wine earlier that evening but blew a .09. She was also driving on a license that had been suspended due to unpaid tickets.

What she didn’t know is that under 625 ILCS 5/11-501(d)(1)(G), driving under the influence on a suspended license is a Class 4 felony—even if it’s your first DUI offense. She was booked and released but didn’t understand the severity until she appeared in court and saw the felony charge on the docket.

We immediately filed for discovery and requested a hearing to challenge the suspension basis. It turned out the notice of suspension had never been mailed properly, violating her due process rights. We successfully moved to strike the aggravating factor, reducing the charge to a misdemeanor DUI.

No felony, no jail, no long-term record. That’s what immediate and aggressive legal defense can do.

---

Long-Term Consequences of an Aggravated DUI Conviction

Felony DUI is about more than fines and jail time. If you are convicted, you could face:

• Mandatory license revocation for years or even life

• BAIID (ignition interlock device) requirements

• Immigration consequences, including possible removal

• Loss of employment, especially for licensed professionals or CDL holders

• Firearm possession restrictions

• Loss of professional licenses in nursing, law, real estate, or teaching

If you drive for a living, hold a state-issued license, or are not a U.S. citizen, a felony conviction could derail your entire life.

That’s why The Law Offices of David L. Freidberg never treats DUI charges like just another case. We analyze every detail, challenge every piece of evidence, and work toward the outcome that protects your future.

---

You Don’t Have to Go to Trial to Benefit From Trial Experience

One of the most common mistakes defendants make is assuming they can just plead out and get leniency. But aggravated DUI charges are serious felonies. Judges and prosecutors in Chicago treat them as such.

Having a defense attorney with real trial experience changes the game—even if your case doesn’t reach a jury.

When prosecutors know we’re prepared to take your case to trial, they’re far more likely to:

• Offer reduced charges

• Dismiss weak enhancements

• Reopen negotiations

• Agree to treatment-focused alternatives

At our firm, we’ve had aggravated DUI charges amended to reckless driving, dismissed entirely for constitutional violations, or beaten outright at trial. We prepare every case like it’s going to court—because that’s how you get results.

Learn more about our DUI defense strategy on our official site: ChicagoCriminalLawyer.Pro and read recent blog posts on DUI defenses at ChicagoCriminalLawyerBlog.com.

---

What to Do If You’re Facing an Aggravated DUI Charge in Illinois

If you’ve been arrested for DUI and you think your case is a misdemeanor, don’t assume. The prosecution may still upgrade the charges based on your background, injury reports, or vehicle status.

Your first move should be to:

• Hire an attorney before your arraignment

• Avoid speaking to police or the prosecutor without representation

• Preserve any dash cam, witness, or surveillance video immediately

• Notify your employer and protect your job if needed

Do not wait until you’ve already entered a plea or been assigned a public defender. By then, your legal options may be far more limited.

---

Aggravated DUI Charges Are Defensible — But You Need Help

Whether it’s challenging the probable cause of the traffic stop, suppressing BAC results, or disproving aggravating factors, there are multiple ways to beat or reduce a felony DUI.

We look at:

• Whether the breathalyzer or blood test was administered correctly

• If body cam footage contradicts police reports

• Whether your prior record can legally be used

• Whether medical conditions affected your test results

• If police violated your constitutional rights

Every case has a unique angle. Our job is to find it—and build the strongest defense around it.

---

Arrested for Aggravated DUI in Chicago? Don’t Wait. Call Us Now.

If you’re facing an aggravated DUI charge in Chicago, you need to act quickly. These cases move fast. Prosecutors build their case immediately. Evidence can disappear. Witnesses can become unreachable. The longer you wait, the fewer options you have.

When You Need a Fighter, Call Us

Whether you’re charged in Skokie, Maywood, Bridgeview, Rolling Meadows, or downtown Chicago, 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.