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Aggravated DUI in Illinois
Driving under the influence (DUI) in Illinois is a serious criminal offense, but certain circumstances can elevate a DUI to a felony-level charge. This is known as an Aggravated DUI. An aggravated DUI conviction carries harsher penalties than a standard misdemeanor DUI and can have long-term consequences on a person’s freedom, financial stability, and ability to drive. Wirth Law is dedicated to helping individuals navigate these high-stakes cases with skill, experience, and strategic defense.
Aggravating Factors for an Illinois DUI Charge
Under Illinois law, a DUI becomes an aggravated offense when certain aggravating factors are present. These factors elevate the charge from a misdemeanor to a felony, increasing the severity of potential penalties. Some of the most common aggravating factors include:
- A third or subsequent DUI offense
- Driving under the influence resulting in bodily harm, great bodily harm, permanent disability, or disfigurement
- Driving under the influence in a school zone while children are present and an accident occurs
- DUI while driving a school bus with children onboard
- DUI without a valid driver’s license or permit
- DUI without valid auto liability insurance
- DUI while transporting a child under the age of 16, especially when the child is injured
- Prior conviction for reckless homicide involving a motor vehicle
- DUI committed while operating a for-hire vehicle such as a taxi or rideshare service
Each of these aggravating circumstances can lead to felony charges ranging from Class 4 to Class X felonies, depending on the situation and the individual’s prior criminal history.
Penalties for DUI Convictions in Illinois
The penalties for DUI in Illinois become significantly more severe with each subsequent offense. The following chart outlines the maximum penalties for first through fifth DUI convictions, including fines, incarceration, and driver’s license revocation periods.
| DUI Conviction | Max Fine | Incarceration | License Revocation (If Convicted) |
| 1st Offense | $2,500 | Up to 1 year (Class A misdemeanor) | One year (No revocation if court supervision granted) |
| 2nd Offense | $2,500 | Up to 1 year (minimum 5 days or 240 hours community service if within 5 years) | Five years (Five-Year BMO law applies if two convictions for DUI, even if statutory eligibility has elapsed.) |
| 3rd Offense | $25,000 | 3 to 7 years (Class 2 felony) | Ten years (Five-year BMO law applies if 2 or 3 convictions for DUI, even if statutory eligibility has elapsed.) |
| 4th Offense | $25,000 | 4 to 15 years (Class 2 felony) | Lifetime revocation. (May be eligible for permit after a five-year period or out-of-state clearance after ten-year period) |
| 5th Offense | $25,000 | 6 to 30 years (Class 1 felony) | Lifetime revocation. (May be eligible for permit after a five-year period or out-of-state clearance after ten-year period) |
Aside from fines or incarceration, a court may require an individual to complete treatment, perform community service work, or meet other sentencing conditions. Additionally, many courts require attendance at a victim impact panel, a forum where DUI offenders hear from victims or their families about the real-life consequences of impaired driving.
Driver’s License Revocation After a DUI Conviction
Driver’s license revocation is one of the most impactful penalties of a DUI conviction. In Illinois, a DUI conviction automatically results in the revocation of the individual’s driving privileges for a minimum period that depends on the number of prior convictions.
- 1st Conviction: Driver’s license is revoked for one year.
- 2nd Conviction: Statutory revocation period of five years. If a person has two DUI convictions, they must drive on a five-year BAIID Multiple Offender (BMO) permit, even if five-year statutory eligibility has elapsed.
- 3rd Conviction: Driver’s license is revoked by statute for ten years.If a person has two or three DUI convictions, they must drive on a five-year BMO permit, even if ten-year statutory eligibility has elapsed.
- 4th or Subsequent Conviction: Driver’s license is revoked for life, but the individual may be eligible for a Restricted Driving Permit (RDP) after five years from most recent revocation or incarceration, whichever is later. If an out-of-state resident, a lifetime petitioner may apply for clearance after ten years have elapsed from most recent revocation.
Importantly, Illinois law permits court supervision for a first-time DUI offense. Supervision is not a conviction under Illinois law, meaning that the individual’s driver’s license will not be revoked as long as supervision is successfully completed. However, court supervision is available only once in a lifetime for a DUI charge.
If an individual is not eligible for full reinstatement of their driving privileges, they may still be eligible for a Restricted Driving Permit (RDP). There are many types of restricted driving permits, depending on whether a person is eligible for a probationary permit or a hardship permit for work, school, or medical appointments. To request a permit after revocation, a DUI offender will need to attend a successful driver’s license hearing with the Illinois Secretary of State.
Wirth Law: DUI Defense Lawyer in Chicago and Naperville
When facing an aggravated DUI or dealing with the aftermath of a DUI conviction, having an experienced attorney is critical. Aggravated DUI cases often involve complex legal issues, elevated penalties, and long-term consequences for a person’s life. These cases demand thorough investigation, skilled negotiation, and strong advocacy.
Wirth Law focuses on DUI defense and driver’s license reinstatement in Illinois. Managing Attorney Jennifer Wirth is a respected advocate with a strong track record of success in obtaining driving privileges for clients after a DUI revocation. She has helped thousands of individuals regain their driving privileges. Jennifer Wirth has earned the Avvo Client Choice Award and Martindale-Hubbell’s Client Champion Award multiple times, reflecting her commitment to client service and successful outcomes. She is also ranked among the best DUI attorneys in Chicago by Expertise.com, an independent reviewer of professional services.
Every aggravated DUI case presents its own challenges, whether it involves felony charges, lengthy license revocations, or administrative hearings. Wirth Law provides clients with personalized representation and guidance at every stage of a DUI case in Illinois. Our firm approaches each case with care, diligence, and a clear focus on protecting the client’s future.
For those currently dealing with an aggravated DUI charge or license revocation, it is critical to enlist the services of an experienced DUI defense attorney in Illinois. To schedule a free consultation, contact Wirth Law by calling (312) 761-8290 or emailing jennifer@wirthlaw.org.
Wirth Law has offices in Chicago and Naperville, while also offering virtual services. We serve clients in Cook, Dupage, Dekalb, Lake, Kankakee, Kane, Kendall, Winnebago, and Will Counties. For driver’s license revocations, we represent clients nationally to clear an Illinois hold on an out-of-state driver’s license. With extensive experience in Illinois DUI law and a client-focused approach, our firm regularly represents clients with aggravated DUI cases, as well as driver’s license revocation hearings after an aggravated DUI.