What Turns a Regular DUI Into an Aggravated DUI in Illinois?

 Posted on December 05, 2025 in DUI

In most situations, driving under the influence is charged as a misdemeanor in Illinois. However, when certain circumstances aggravate the charge, it may be classified as an aggravated DUI. These cases carry greater potential penalties, including jail time, higher fines, and longer license suspensions. If you are facing a DUI charge, our experienced Aurora, IL aggravated DUI defense lawyer can help.

What Makes a DUI an "Aggravated" Offense in Illinois?

Under 625 ILCS 5/11-501, Illinois law defines driving under the influence as operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, or while impaired by alcohol, drugs, or both. A first or second DUI is usually a Class A misdemeanor.

When certain aggravating factors are present, the charge becomes a felony under 11-501(d). This means the situation involved a greater risk to others or repeated violations. A felony conviction carries much tougher penalties and also affects many parts of life, like your ability to work or qualify for some licenses.

Common Reasons a DUI Becomes an Aggravated DUI in Illinois

Illinois law lists several situations that automatically raise a DUI to felony status. The most common examples include:

• Causing great bodily harm or death to another person

• Driving with a suspended or revoked license

• Having two or more prior DUI convictions

• Driving impaired while transporting a child under 16

• Operating a vehicle without valid insurance or registration

• Committing a DUI in a school with children present or in a construction zone with workers present

The punishment depends on what happened. For example, if someone is seriously injured or killed, the charge can become a Class 2 felony. That can mean three to seven years in prison under 730 ILCS 5/5-4.5-35.

Can an Aggravated DUI Ever Be Reduced to a Misdemeanor?

Sometimes, an aggravated DUI can be reduced to a lesser charge. This depends on the facts of the case and your prior record. If no one was injured and the aggravating factor was minor, such as driving on an expired license, your lawyer may try to negotiate a plea for a misdemeanor.

What Defenses Can Help Fight an Aggravated DUI Charge?

Every DUI case is different, but there are ways to challenge the evidence. A defense lawyer will carefully review how the stop and arrest took place in your case. They may look at whether the officer had a valid reason to pull you over in the first place or if the testing equipment was properly used and maintained. Sometimes, medical conditions or prescribed medications can cause symptoms that resemble intoxication.

Your attorney can also make sure your constitutional rights were respected during the process. If the police did not follow the correct procedures, some evidence may be thrown out. This can weaken the prosecution’s case. Building a strong defense takes skill and experience, and a knowledgeable attorney will look at every detail to find the defense strategy that works best for you.

Schedule a Free Consultation With Our Elgin, IL DUI Defense Attorney

Attorney Brian J. Mirandola, a former Assistant State’s Attorney, understands how prosecutors prepare DUI cases. His background gives him valuable insight into how to challenge evidence and anticipate the state’s arguments. If you have been charged with an aggravated DUI, contact The Law Office of Brian J. Mirandola today at 847-488-0889 to schedule a free consultation with an experienced Aurora, IL DUI defense lawyer. Our team will listen to your story and explain your legal options to challenge the allegations against you.