Felony DUI in Illinois

How Illinois Defines DUI and When It Becomes a Felony

Driving under the influence is one of the most aggressively prosecuted crimes in Chicago and across Illinois. Under 625 ILCS 5/11-501, a DUI is defined as operating or being in actual physical control of a vehicle while impaired by alcohol, drugs, intoxicating compounds, or with a BAC of .08 or higher. For many first-time offenders, DUI is charged as a misdemeanor. However, Illinois law creates a category called “Aggravated DUI,” which is a felony offense.

Aggravating factors turn a misdemeanor into a felony. These include having prior DUI convictions, driving on a suspended or revoked license, causing serious injury or death, transporting minors, or driving without insurance. Each factor raises the seriousness of the case and exposes the defendant to years in state prison rather than county jail.

DUI arrests in Illinois happen every day, but not all charges are created equal. Some drivers walk away with a misdemeanor that, while serious, can be resolved with supervision or probation. Others face felony charges that carry prison time, long-term license revocation, and permanent damage to their record. The difference often comes down to a few critical facts—and understanding those facts is the first step to protecting your future.

In Chicago, law enforcement is vigilant about impaired driving, especially during nights, weekends, and holidays. If you’re stopped by the Chicago Police Department or Illinois State Police and charged under 625 ILCS 5/11-501, you may assume it’s a misdemeanor. But when certain conditions are met, the same statute can be used to charge you with Aggravated DUI, which is always a felony.

Let’s look at what changes the charge, how prosecutors build their case, and what you can do to fight back with the help of a skilled defense attorney.

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