What’s the Difference Between Felony and Misdemeanor DUI Charges in Illinois?

Not All DUI Charges in Chicago Are Equal

In Chicago, DUI charges can look similar at the surface but carry dramatically different consequences depending on whether they’re filed as misdemeanors or felonies. I’ve worked with individuals from every corner of this city—Bronzeville, Jefferson Park, West Loop, Englewood—who thought they were facing a “simple DUI” only to find out the state was preparing a felony case against them.

Illinois law under 625 ILCS 5/11-501 defines DUI as operating a vehicle with a blood alcohol content (BAC) of 0.08 or more, or while impaired by alcohol, drugs, or a combination of both. That part doesn’t change. What does change is how aggressively the charge is pursued and the long-term damage it can cause. The State’s Attorney’s Office considers aggravating factors that elevate the offense to a felony.

Most people charged with DUI in Illinois are looking at a Class A misdemeanor. This is serious. It carries up to 364 days in jail, a fine of up to $2,500, mandatory alcohol counseling, and license suspension. But if this isn’t your first arrest, or certain factors are involved, you could be facing a felony DUI—also called aggravated DUI—which can lead to prison time, loss of voting rights, and a permanent criminal record.

Understanding the difference—and what’s at stake—is not just important, it’s necessary if you’re hoping to defend yourself effectively.

Misdemeanor DUI in Illinois: What You’re Up Against

A misdemeanor DUI is still a criminal charge. It can’t be expunged. It can’t be sealed. It appears on background checks and can affect your job, your insurance rates, and your ability to drive.

If this is your first offense, you may be eligible for court supervision, which avoids a conviction if all terms are successfully completed. That includes counseling, abstaining from alcohol and drugs, reporting to court, and avoiding further legal trouble.

But Illinois law only allows one supervision for DUI in your lifetime. If you’ve used it before, it’s not available again.

A second DUI conviction, even if charged as a misdemeanor, will result in a mandatory minimum sentence of five days in jail or 240 hours of community service, license revocation for at least five years, and a criminal conviction that cannot be sealed or erased.

And even if your case starts as a misdemeanor, it can be upgraded to a felony later if prosecutors discover aggravating circumstances. That’s why you need a criminal defense attorney from day one to protect your interests.

When a DUI Becomes a Felony in Illinois

A DUI becomes a felony when the law considers the situation especially dangerous or reckless. The most common situations where misdemeanor DUIs are upgraded to felonies include:

A third or subsequent DUI
DUI committed while driving a school bus
DUI with a passenger under age 16
DUI causing bodily harm or death
DUI while driving with a suspended, revoked, or no license
DUI without valid automobile insurance
DUI in a school zone during restricted hours
A second DUI with a child passenger

Each of these qualifies as an aggravated DUI, which is charged as a Class 4, Class 3, or Class 2 felony, depending on the details. A Class 4 felony carries 1–3 years in prison. A Class 2 felony carries 3–7 years, and a Class 1 felony can result in 4–15 years.

Additionally, a felony DUI conviction can include:

Fines up to $25,000
Mandatory community service
Installation of a Breath Alcohol Ignition Interlock Device (BAIID)
Lifetime revocation of your driving privileges
Felony status on your permanent record

In many felony cases, probation is not even an option. And unlike misdemeanors, felony convictions can disqualify you from jobs, housing, gun ownership, student loans, and even custody in family court.

Realistic Example: Felony DUI and a Strong Legal Defense

Let’s consider a realistic fictional scenario. A man from Avondale is pulled over late at night for failing to stop at a red light. The officer smells alcohol and sees an open container in the backseat. The driver admits to drinking “a little,” and a breath test shows a BAC of 0.14. He’s arrested and charged with DUI.

After the arrest, the officer runs his name and discovers this is his third DUI. Now it becomes a Class 2 felony, with a potential sentence of 3 to 7 years in prison and no eligibility for supervision.

But there’s a problem with the case. The dashcam footage shows the traffic light was actually yellow—not red. This brings the legality of the stop into question. On top of that, the officer never asked if the driver wanted to consult an attorney before submitting to a breath test.

As his criminal defense attorney, I file a motion to suppress all evidence obtained after the illegal stop. The court agrees, and the state’s entire case collapses. The charges are dismissed.

That outcome would never happen if the defendant didn’t have a lawyer who knew how to challenge each step of the arrest. In felony cases, especially those involving repeat DUIs, evidence must be carefully scrutinized and every possible legal motion considered.

The Importance of a Criminal Defense Attorney for DUI Charges

Too many people assume they can handle a DUI charge on their own or rely on a public defender. That’s a dangerous assumption. Every decision in a DUI case—from whether to plead guilty, to how to challenge the breath test, to what mitigation to present—has lasting consequences.

As a criminal defense lawyer in Chicago, I focus on several things:

Examining whether the traffic stop was lawful
Determining if field sobriety tests were correctly administered
Challenging the accuracy and maintenance records of breath machines
Reviewing bodycam and dashcam footage
Identifying constitutional violations
Negotiating plea agreements to avoid jail or felony records

Without an attorney, you may not know that a breath test was improperly conducted, or that the officer’s report contradicts video evidence. You may miss your deadline to fight a license suspension. You may accept a plea that will haunt you for years.

A DUI charge—especially a felony—demands immediate, aggressive legal defense. Your future depends on it.

Questions to Ask Your DUI Defense Attorney in a Free Consultation

When you meet with a DUI defense attorney in Illinois, you should ask:

Have you handled felony DUI cases before in this courthouse?
What are the likely penalties in my specific case?
Can you identify any defenses based on the police report?
What experience do you have with DUI breathalyzer or blood test challenges?
How soon should we demand a hearing for my license suspension?
Will you personally handle my case or assign it to another lawyer?
What is your trial experience with DUI cases?
Can my case be reduced to reckless driving or dismissed?

These questions matter. You’re hiring someone to protect your record, your rights, and your freedom. You deserve answers.

FAQs About Misdemeanor vs. Felony DUI in Illinois

Can a DUI be charged as a felony even if it’s my first offense?
Yes, if the DUI involves serious injury, a child in the car, or is committed while driving a school bus or without a license, it may be filed as a felony—even for first-time offenders.

Is supervision available for a felony DUI?
No. Court supervision is only available for misdemeanor DUI and only once in a lifetime. Felony DUI convictions carry mandatory penalties.

How do judges in Chicago handle repeat DUI cases?
Judges are tough on repeat offenders, especially in Cook County. A second or third DUI is often met with zero tolerance, especially if the person has violated bond conditions.

What are some defenses to DUI in Illinois?
Common defenses include unlawful traffic stops, improper administration of sobriety tests, lack of probable cause, faulty breathalyzer machines, and medical conditions mimicking impairment.

Can DUI charges be reduced?
Yes. With strong legal representation, some DUI cases can be reduced to reckless driving, especially if evidence is weak or the driver has no prior record.

Will a felony DUI ruin my life?
It can cause serious damage—but with the right legal team, many clients avoid prison and find a way to move forward. Fighting the charge early is key.

Do felony DUI convictions lead to mandatory jail time?
Often, yes—especially for a third or fourth DUI. Some charges include mandatory minimums. A lawyer can work to reduce or avoid that outcome, but it’s not guaranteed.

What’s the most important thing to do after a DUI arrest?
Call a lawyer immediately. The first 10–30 days are critical, especially if you want to stop your license suspension or preserve key evidence.

Call The Law Offices of David L. Freidberg for Felony or Misdemeanor DUI Charges

If you’re facing DUI charges in Illinois—whether it’s your first arrest or your fourth—you need an attorney who will fight for you from day one. At The Law Offices of David L. Freidberg, I provide aggressive and strategic defense for clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County.

You’re not just a case file. You’re a person with a future to protect. Call me 24 hours a day, 7 days a week for a free consultation. 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.

Let’s talk about how we can fight your DUI charge—before the court decides your fate.