What Is the Difference Between DUI and Aggravated DUI in Illinois?

 Posted on August 14, 2025 in DUI Defense

Illinois law treats driving under the influence (DUI) as a serious offense even in the most clear-cut cases, but certain circumstances can elevate a DUI to an aggravated DUI, a much more severe charge. Understanding the difference is important because the penalties and long-term consequences vary significantly. If you have been charged with either offense, you should speak with a Cook County, IL DUI defense attorney as soon as possible to begin building a strong case that protects your rights.

What Is a Standard DUI in Illinois?

Under Illinois’s 625 ILCS 5/11-501, you commit DUI if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher, or while under the influence of alcohol, drugs, or other substances that cause you to be incapable of safely driving.

A standard DUI is typically charged as a Class A misdemeanor, which is the most serious misdemeanor level in Illinois. Penalties for a first-time DUI conviction can include up to one year in jail, fines of up to $2,500, the suspension of your driver’s license, and mandatory alcohol education or treatment. Repeat DUI offenses or circumstances involving minors, injury, or high BAC levels can increase the severity of penalties, even if the charge is not classified as "aggravated."

What Is an Aggravated DUI in Illinois?

An aggravated DUI is any DUI offense that is classified as a felony under Illinois law. The most common reasons why a DUI is elevated to aggravated status include:

• DUI resulting in someone else suffering great bodily harm, permanent disability, or disfigurement

• A third or subsequent DUI offense

• DUI while driving a school bus with passengers under age 18

• DUI while driving without a valid license or permit

• DUI while driving without valid liability insurance

• DUI in a construction zone resulting in injury to another person

• DUI while transporting a child under age 16 that results in injury to the child

These offenses are typically charged as Class 4 to Class 2 felonies, depending on the facts of the case. If you are convicted of aggravated DUI, you could face one to seven years in prison, steep fines, extended revocation of your license, and long-term criminal records that can affect employment and housing opportunities. A felony record cannot be sealed or expunged in Illinois for DUI convictions, meaning it will remain part of your permanent criminal history.

Contact a Cook County, IL DUI Lawyer

If you have been arrested for DUI or aggravated DUI, contact a Chicago, IL DUI attorney at Luisi Legal Group for help protecting your future. Mr. Luisi is in Chicago criminal courts on a daily basis and has developed a reputation over the past 16 years as a skilled litigator. We offer free consultations and speak both English and Spanish. Call 773-276-5541 to get started.