DUI arrests happen every day in Chicago, but not all cases are treated equally under Illinois law. While many first-time DUI offenses are misdemeanors, repeat arrests or certain aggravating factors can turn a DUI into a felony, dramatically increasing the penalties you face. If you’re charged with a felony DUI, your future could depend on the defense you build starting from the moment of your arrest.
Illinois DUI Law Overview
The law on DUI is set out in 625 ILCS 5/11-501. It prohibits driving or being in actual physical control of a vehicle while impaired or with a BAC of 0.08% or higher. A basic DUI is typically a Class A misdemeanor. But Illinois law allows prosecutors to elevate charges to a felony if:
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You have prior DUI convictions (third offense or more).
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Someone is injured or killed as a result of your driving.
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You were driving on a suspended or revoked license.
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You had a child passenger who was harmed in the incident.
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You have a prior felony DUI on your record.
Felony DUI is referred to as Aggravated DUI, and depending on the circumstances, it can range from a Class 4 felony(1–3 years in prison) to a Class X felony (6–30 years in prison). Fines can reach $25,000, and the Secretary of State will revoke your driver’s license for years, sometimes for life.
The Impact of a Felony DUI Conviction
A felony DUI in Chicago affects more than just your driving privileges. It results in:
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A permanent criminal record that cannot be sealed or expunged.
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Potential prison time in the Illinois Department of Corrections.
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High fines, probation, and mandatory alcohol education or treatment programs.
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Increased insurance costs and potential loss of employment or professional licenses.
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Immigration consequences for non-citizens.
Felony DUI convictions carry long-term consequences that follow you even after you’ve served your sentence.
How a DUI Case Moves Through the System
After a DUI arrest, you are booked, fingerprinted, and given a court date. Felony cases are assigned to a felony courtroom, where your attorney can challenge evidence, cross-examine officers, and negotiate with prosecutors. If you go to trial, the state must prove that you were impaired and that aggravating factors justify the felony charge.
Without an attorney, you may not understand your rights or the defenses available to you, leaving you vulnerable to maximum penalties.
Defending Felony DUI Charges in Illinois
David L. Freidberg builds strong defenses based on:
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Reviewing dashcam and bodycam footage for procedural errors.
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Challenging breath and blood test results for reliability.
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Investigating whether your traffic stop was lawful.
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Highlighting medical conditions or other factors that may have caused false indications of impairment.
Each case is different, and the goal is always to secure dismissal, reduction of charges, or acquittal.
Protecting Your Future Starts Now
Felony DUI charges are not minor traffic offenses—they are life-changing criminal cases. The sooner you hire a skilled attorney, the better chance you have to avoid prison, keep your license, and protect your future. David L. Freidberg has decades of experience fighting DUI cases in Chicago, including those charged as felonies. We know the prosecutors, the judges, and the law that applies to your 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.