Illinois DUI

Aggravated / Felony DUI

Injury cases, third-and-subsequent offenses, minor passengers, and high BAC allegations in Cook, DuPage, Will, Kane, and Lake.

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Understanding Aggravated (Felony) DUI in Illinois

Aggravated DUI is a felony-level DUI charged when certain statutory factors are present. Common examples include a third or subsequent DUI, DUI with great bodily harm or fatality allegations, a minor passenger in the vehicle, or high BAC circumstances paired with other aggravators. Charging decisions turn on the incident, the driver’s history, and how the evidence is developed.

Felony DUI cases move differently than typical first-offense DUIs. Discovery often involves video from multiple sources, detailed accident reconstruction in injury matters, medical and toxicology records, and potential expert testimony. Outcomes can affect both liberty interests and long-term driving privileges, so early analysis of the stop, testing, and aggravating facts is critical.

Because many aggravated DUI allegations arise from collisions or child-passenger scenarios, courts look closely at probable cause, timeline consistency, testing protocols, and injury documentation. Records from EMS, hospitals, and labs are reviewed for accuracy, chain-of-custody, and scientific reliability.

What’s at Stake on an Aggravated DUI

Felony Exposure

Aggravated DUI is a felony offense. Sentencing ranges depend on the charge level, prior history, and case facts, including injury or child-passenger allegations.

License Consequences

In addition to a possible Statutory Summary Suspension, felony DUI convictions can involve revocation with reinstatement steps and waiting periods determined by outcomes and history.

Financial & Compliance Impact

Potential fines/costs, treatment recommendations, community service, ignition interlock requirements in certain scenarios, and court compliance terms may apply.

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Common Aggravating Factors Cited in Illinois

3rd+ DUI or Prior History

Prior DUI findings or certain driving-record issues can elevate a charge. Certified records and case histories are scrutinized for accuracy.

Injury or Fatality Allegations

Great bodily harm or death claims bring a higher level of investigation—accident reports, medical records, reconstruction, and expert analysis are common.

Minor Passenger

Allegations of a child passenger can change charging decisions and sentencing exposure. Ages and documentation are often key.

High BAC

Elevated BAC readings may influence charging and sentencing considerations. Instrument maintenance, observation periods, and timing are reviewed.

License/Insurance Issues

Driving while revoked/suspended or without proof of insurance may be cited alongside DUI depending on the fact pattern.

Special Location/Conduct

Work zones, school zones, or wrong-way driving can appear in the reports and affect how a case is evaluated.

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Defense Focus in Felony DUI Cases

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Courts We Serve

Cook • DuPage • Will • Kane • Lake

Cook County

  • Chicago (Daley Center)
  • Skokie
  • Rolling Meadows
  • Maywood
  • Bridgeview
  • Markham

DuPage County

  • Wheaton (Main Courthouse)
  • Glendale Heights (Branch)

Will County

  • Joliet (Main Courthouse)
  • Bolingbrook (Branch)
  • Plainfield (Branch)
  • Frankfort (Branch)

Kane County

  • Geneva (Kane County Courthouse)
  • St. Charles (Judicial Center)
  • Aurora (Branch)
  • Elgin (Branch)

Lake County

  • Waukegan (Main)
  • Park City (Branch)
  • Round Lake (Branch)
  • Mundelein (Branch)

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Related DUI Topics

Aggravated / Felony DUI FAQs

How is an aggravated DUI different from a first-time DUI?
Aggravated DUI is a felony charge tied to specific factors such as prior DUIs, injury, child passengers, or other statutory aggravators. Penalties and licensing outcomes can be significantly higher.
What if the BAC result seems inconsistent with the video?
Video, field instructions, instrument logs, and medical factors are compared. Discrepancies are evaluated through discovery and, where appropriate, expert review.
Can license revocation be reversed?
Revocation and reinstatement depend on the final outcome and history. Evaluation, treatment, hearing eligibility, and documentation are part of the reinstatement process.
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