When Does DUI Become a Felony in Illinois?

 Posted on July 10, 2025 in DUI

Driving under the influence (DUI) is a serious criminal offense in Illinois, and its consequences extend far beyond a night in jail or a fine. For most first-time offenders, DUI is charged as a misdemeanor. However, there are circumstances where a DUI can be charged as a felony DUI, bringing with it the possibility of years in prison, permanent loss of driving privileges, and a felony record that follows you for life.

Understanding when a DUI becomes a felony — and what that means for your future — is critical if you or a loved one is facing charges. Call our Arlington Heights, IL felony DUI defense lawyer at 847-253-3400 immediately.

What Is an Aggravated DUI in Illinois?

Under Illinois law (625 ILCS 5/11‑501(d)), any DUI that is charged as a felony is referred to as an "aggravated DUI." The term applies when certain aggravating factors are present in a DUI case. These are circumstances that lawmakers consider especially dangerous or egregious, warranting harsher penalties.

Some of the most common scenarios where a DUI becomes a felony include:

Third or Subsequent DUI Convictions

A third DUI is automatically a Class 2 felony. Each additional conviction raises the stakes even higher, with longer prison terms and stricter license revocation periods.

Causing Great Bodily Harm or Death

If a person driving under the influence causes an accident that results in serious injury or death, the charge can range from a Class 4 felony (for great bodily harm) to a Class 1 felony or higher in cases involving a fatality.

DUI with a Minor Passenger

Transporting a child under the age of 16 while driving under the influence elevates the charge to an aggravated DUI, even for a first offense. This also brings mandatory minimum penalties, including community service in programs that benefit children.

DUI Without a Valid License or Insurance

Operating a vehicle while under the influence and without a valid driver’s license or required insurance is another factor that can escalate the charge to a felony.

DUI in a School Zone or Involving a School Bus

Driving under the influence in a school zone when children are present, or while operating a school bus, is treated as an aggravated DUI regardless of whether an accident occurred.

Classes of Felony DUI and Their Penalties

Aggravated DUIs in Illinois are prosecuted as felonies and carry significantly harsher consequences than misdemeanor DUIs. The penalties vary depending on the class of felony:

• Class 4 Felony DUI – Punishable by one to three years in prison and fines up to $25,000. This may apply in cases such as DUI resulting in great bodily harm without death.

• Class 2 Felony DUI – Punishable by three to seven years in prison, with extended terms of up to 14 years for repeat offenses or DUI involving death. A third DUI conviction typically falls under this classification.

• Class 1 Felony DUI – Punishable by four to 15 years in prison. This charge is often used for DUIs involving fatalities, particularly when there are multiple victims.

• Class X Felony DUI – Although rare, a DUI can be charged as a Class X felony (the most serious class short of murder charges) in cases involving multiple fatalities and prior convictions. These carry mandatory prison sentences ranging from six to 30 years.

In addition to prison time and fines, felony DUI convictions often require mandatory community service, drug and alcohol treatment, and extensive probation conditions.

License Revocation and Reinstatement Challenges

Unlike misdemeanor DUIs, which may result in temporary license suspensions, felony DUIs almost always trigger a revocation of driving privileges. A revocation is not time-limited; it removes your legal ability to drive until you successfully petition for reinstatement.

Reinstating a revoked license requires a formal hearing before the Illinois Secretary of State’s office. The petitioner must demonstrate that they have addressed any substance abuse issues, completed treatment, and pose no danger to public safety. Even after reinstatement, drivers are often required to install a Breath Alcohol Ignition Interlock Device (BAIID) on their vehicles.

For some aggravated DUI convictions, especially those involving fatalities, license reinstatement may not be possible for many years or at all.

How the DUI Court Process Works in Illinois

Felony DUI cases move through several stages in Illinois courts:

Arrest and Booking

After being stopped on suspicion of DUI, a driver is arrested if they fail or refuse field sobriety tests or chemical testing (breath, blood, or urine).

Bond Hearing

A judge determines whether the accused can be released on bond and sets conditions for release.

Preliminary Hearing or Grand Jury

For felony charges, prosecutors must establish probable cause that the offense occurred.

Arraignment

The accused enters a plea of guilty or not guilty, and the case is set for pretrial motions and trial.

Discovery and Motions

Both sides exchange evidence. Defense attorneys may file motions to suppress evidence if there were violations of constitutional rights.

Trial and Sentencing

If no plea agreement is reached, the case proceeds to trial, where a judge or jury decides guilt. If convicted, sentencing follows, which may include prison time, fines, and other penalties.

Defenses to Felony DUI Charges

While every case is unique, common defenses to aggravated DUI charges include challenging the legality of the stop and any subsequent evidence; disputing the accuracy of breathalyzer or blood test results; demonstrating that the accused was not driving or in physical control of the vehicle; and presenting evidence that the alleged aggravating factor does not apply.
Even when a conviction seems likely, an experienced attorney can often negotiate for reduced charges or alternative sentencing options.

Collateral Consequences of a Felony DUI

A felony DUI conviction in Illinois has effects that reach far beyond the courtroom. It can result in a permanent felony record, loss of professional licensing, inability to own a gun, and difficulties finding housing, jobs, and romantic partners. If your behavior suggests that you are a danger to your children, such as driving under the influence with them in the car, you may even lose parental rights.

Contact a Rolling Meadows, IL Felony DUI Defense Attorney

If you are facing felony DUI charges in Illinois, you need an experienced attorney to protect your rights and your future. Contact a Rolling Meadows, IL felony DUI lawyer at Scott F. Anderson, Attorney at Law. We defend clients against serious DUI charges and work to secure the best possible outcome. Call 847-253-3400 to schedule a free consultation.