Chicago Criminal Lawyer Blog
Why the Question Matters for Drivers in Chicago
When someone is arrested for DUI in Chicago, the most pressing issue is often simple: “Can I still drive?” People must get to work on the West Side, drive children to school on the South Side, or commute downtown from neighborhoods like Lakeview, Jefferson Park, or Hyde Park. Losing the ability to drive can be devastating. Unfortunately, the answer is not always obvious because Illinois law separates your driver’s license status from your criminal DUI case, even though both come from the same incident.
Under Illinois criminal law, every offense is categorized as a misdemeanor or felony. DUI falls under 625 ILCS 5/11‑501. A first offense without aggravating factors is usually charged as a Class A misdemeanor. Penalties still include possible jail time, fines, probation, treatment, and license suspension after conviction. When aggravating factors exist, such as prior DUIs, an accident causing great bodily harm, a suspended license, or a child in the vehicle, the charge becomes aggravated DUI, which is a felony. Felonies carry the risk of prison sentences and permanent felony records.
