Chicago Criminal Lawyer Blog
In Illinois, not all DUI charges are created equal. While a typical DUI may be charged as a misdemeanor, certain circumstances trigger enhanced charges that carry felony consequences. These are known as aggravated DUIs. In Chicago and across Cook County, drivers who are accused of causing injury, driving without a license, or having prior DUI convictions can find themselves facing felony prosecution—even for actions that may not have seemed serious at the time of arrest.
Felony DUI charges are aggressively prosecuted in Illinois, especially in the urban core of Chicago. Local courts are busy, and prosecutors are under pressure to demonstrate they are cracking down on impaired driving. That’s why understanding how a DUI becomes a felony, what happens during the criminal process, and what defenses you may have is critical for anyone charged with this offense.
What Is an Aggravated DUI in Illinois?
Under Illinois law, aggravated DUI is defined in 625 ILCS 5/11-501(d) and includes any DUI offense that involves a statutory aggravating factor. These aggravators range from prior DUI convictions to driving under the influence while involved in an accident that causes serious physical harm or death. Even transporting a child under the age of 16 while intoxicated can turn a misdemeanor DUI into a felony.
Let’s say a driver in Logan Square is arrested for DUI after a minor fender-bender. If that driver has two prior DUIs—even from other states—the current charge becomes a felony. If the driver has a revoked license or is uninsured, that’s also enough for felony classification. The offense level ranges from Class 4 to Class X felonies depending on the aggravating factor. A Class 4 felony carries one to three years in prison, while Class 2 or Class X charges can result in much longer sentences.
An example from Cook County shows how this unfolds. A driver with two prior DUI convictions was arrested in Humboldt Park after sideswiping a parked car. No injuries occurred, but because of his record and the fact that he was driving without a valid license, the new DUI was charged as a Class 2 felony. The defendant faced up to seven years in prison and was ineligible for supervision or court diversion.
How the Criminal Case Process Works in Felony DUI Cases
Every DUI case starts with an arrest. After an officer in Chicago observes erratic driving, they may initiate a stop. If they observe signs of impairment—such as slurred speech, bloodshot eyes, or a strong odor of alcohol—they will likely conduct field sobriety tests. If the driver fails or refuses these tests, arrest follows. Chemical testing—through breath, blood, or urine—may be requested at the station. Refusal can trigger a Statutory Summary Suspension of your license under 625 ILCS 5/11-501.1.
Once booked, the case is referred to the Cook County State’s Attorney, who determines the appropriate charge. In cases with aggravating factors, a felony charge is filed, and the defendant is brought to bond court. At that hearing, the judge may set bail or deny it depending on the circumstances. A felony DUI case proceeds through arraignment, discovery, and several status hearings. A jury trial may be held if a resolution is not reached.
These cases often hinge on both legal and factual issues. That’s why early intervention by a defense attorney is critical. A good attorney may be able to challenge the stop, suppress evidence, and present alternative explanations for the alleged impairment or the injuries sustained.
The Evidence Prosecutors Use in Felony DUI Cases
Prosecutors are not just relying on field tests anymore. Felony DUI cases involve in-depth investigation and detailed evidence gathering. They’ll introduce chemical test results showing BAC levels or drug presence, police bodycam footage, witness statements, crash reports, 911 call logs, and any photos or video of the scene. In cases of injury, they’ll also obtain victim medical records to show the extent of harm.
In more serious cases, especially those involving fatalities, accident reconstruction experts may be brought in. These experts can testify about speed, vehicle direction, and causation. Prosecutors will also present a defendant’s criminal history and driving record to demonstrate aggravating background factors.
How We Defended a Felony DUI Case Involving a Child Passenger
In a recent case we handled in Skokie, a client was pulled over in Evanston with his daughter in the car. He had a BAC of .11. Because a child under 16 was present, the case was charged as an aggravated DUI—a Class 2 felony.
We reviewed police reports and discovered inconsistencies in the officer’s description of the stop. Bodycam footage showed our client was not weaving but rather had briefly crossed the white line while adjusting his child’s car seat. We filed a motion to suppress, arguing the officer lacked probable cause. The judge agreed, and all evidence obtained after the illegal stop was thrown out. As a result, the state dismissed the felony charge.
Legal Defenses Against Aggravated DUI Charges in Illinois
Felony DUI charges can be fought. Common legal defenses include unlawful traffic stops, invalid field sobriety tests, faulty chemical testing, and alternative medical explanations for behavior interpreted as impairment. In injury cases, proving that the injury was not directly caused by the defendant’s driving can reduce or eliminate criminal liability.
Suppression motions are powerful tools. If evidence was obtained illegally or handled improperly, it may be excluded. This can force prosecutors to drop or reduce charges. Mitigation strategies also matter. Presenting evidence of alcohol treatment, counseling, or lack of prior criminal behavior may help reduce sentencing exposure.
Why You Need an Attorney at Every Phase of the Case
Felony DUI charges carry mandatory penalties in many cases. You cannot receive court supervision or have the charge sealed. Conviction means prison or felony probation, steep fines, and loss of driving privileges. The DMV consequences are separate from the court case and just as serious.
At each step—arrest, bond court, arraignment, discovery, pretrial hearings, trial, and sentencing—your defense attorney plays a crucial role. We review evidence, file motions, seek alternative sentencing, and build the strongest defense possible. Without legal representation, you risk accepting a conviction that will follow you for life.
What to Look for in a Felony DUI Lawyer in Illinois
Choose a lawyer who has direct experience with felony-level DUI cases, not just misdemeanor DUIs. Look for someone who has litigated suppression motions, negotiated favorable plea deals, and gone to trial when necessary. Knowledge of local court procedures in Cook, Will, Lake, and DuPage counties is essential.
The right lawyer will keep you informed, offer honest evaluations, and be aggressive in your defense. Avoid anyone who guarantees a result—there are no guarantees in criminal court, and anyone who promises you a dismissal without reviewing evidence is not being truthful.
Questions You Should Ask at Your Free Consultation
Ask how many felony DUI cases the attorney has handled. Find out what percentage resulted in dismissal or reduction. Ask how they challenge breathalyzer evidence or police conduct. Find out how much courtroom time they’ve had in felony trials. And ask whether they work with expert witnesses, such as toxicologists or accident reconstructionists, when needed.
The Broader Consequences of a Felony DUI Conviction
Felony DUI conviction in Illinois means more than time behind bars. It results in a permanent criminal record that can’t be expunged. Employers, landlords, and licensing agencies can all access your record. If you hold a professional license—such as a CDL, nursing license, or real estate license—it may be suspended or revoked.
You’ll also lose your driver’s license for a minimum of one year and may need to install a BAIID device if you regain limited driving privileges. Your insurance premiums will skyrocket, and future DUIs will carry even harsher penalties. The social stigma alone can cause immense stress.
Why Clients Charged with Felony DUI in Chicago Choose Our Firm
At The Law Offices of David L. Freidberg, we’ve spent years defending DUI cases in every courtroom across Cook County and surrounding counties. We understand how prosecutors operate and how to challenge flawed police work. We don’t just accept the police version of events—we investigate, we challenge, and we fight.
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.
