Aggravated DUI Charge in Will County
Aggravated DUI is the felony form of DUI in Illinois. Most versions are a Class 4 felony. The charge applies when facts such as great bodily harm, a school bus, no valid license, no insurance, or a death are part of the case. A death carries a Class 2 felony with a prison term unless the court finds extraordinary circumstances.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What makes a DUI aggravated
The aggravated DUI law, in 625 ILCS 5/11-501(d), lists the added facts. Each one turns the ordinary DUI charge into a felony. Here are the ones people ask about most.
- The person drove a school bus with one or more passengers on board.
- A crash caused great bodily harm, permanent disability or disfigurement to someone else, and the DUI was a proximate cause.
- A crash in a school speed zone with a 20 mile per hour limit caused bodily harm to another person.
- A crash or a snowmobile, ATV or watercraft accident caused a death, and the DUI was a proximate cause.
- The person drove while their license was revoked or suspended for DUI or a related offense.
- The person had no driver's license or permit at the time.
- The person knew or should have known the vehicle had no liability insurance.
- The person was transporting a passenger under 16 and the passenger was hurt, or it was a second DUI with a child in the car.
- The person was driving passengers in a vehicle for hire.
- The person had a prior conviction for reckless homicide that involved impairment.
A third or later DUI is also in this law. That path has its own page about felony DUI by number of violations.
Penalties by type of aggravated DUI
| Type | What the statute says |
|---|---|
| Most aggravated DUI charges | Class 4 felony |
| Great bodily harm crash | If prison is imposed, not less than 1 year and not more than 12 years |
| Death of one person | Class 2 felony. Unless the court finds extraordinary circumstances that require probation, 3 to 14 years in prison |
| Deaths of two or more people | Class 2 felony. Unless the court finds extraordinary circumstances, 6 to 28 years in prison |
| Second DUI with a passenger under 16 | Class 2 felony, $2,500 mandatory fine, 25 days of community service benefiting children |
| Child under 16 hurt, not seriously | $2,500 mandatory fine and 25 days of community service benefiting children |
| Prior impaired reckless homicide conviction | Class 3 felony, no probation |
Anyone who gets probation or conditional discharge for aggravated DUI must serve at least 480 hours of community service or 10 days in jail as a condition. The court can't suspend or reduce a mandatory jail term or community service.
License consequences
A conviction brings a revocation. For a DUI that caused a death, the Vehicle Code sets a longer wait. You may apply for a license 2 years after the effective date of the revocation, or 24 months after release from prison, whichever is later.
The arrest also starts a summary suspension on day 46. If someone died or was seriously hurt in the crash, the Secretary of State does not issue a Monitoring Device Driving Permit for that arrest. A refusal in a crash with injury or death can lead to a revocation rather than a suspension. Our refusal page covers that rule.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
What happens next
- Arrest and release. Illinois no longer uses cash bail. A judge decides pretrial release and sets conditions, and release is presumed unless the State asks to detain.
- Formal charges. The state files felony charges in the county where the event happened. In Will County that is the courthouse at 100 W Jefferson St in Joliet.
- Gather the evidence. Jeff asks for crash reports, medical records that the state plans to use, video, and chemical test results.
- Look at causation. For injury and death charges, the state has to show the DUI was a proximate cause of the harm.
- Motions. If the stop, the blood draw or the test was done wrong, Jeff can ask the judge to exclude that evidence.
- Decide the path. You choose between negotiation and trial with a clear view of the sentencing range.
How Jeff defends this charge
- Tests the proof of the added fact, such as the injury level, the license status or the insurance.
- Challenges the claim that the DUI was the proximate cause of a crash injury or death.
- Reviews how and when blood was drawn after a crash.
- Checks the original stop or the reason police contacted you.
- Looks for a lower charge that may fit the evidence, and discusses it with you.
- Explains the license steps, so your family can plan around them.
Jeff does not promise a result. Serious charges deserve a plain talk about the facts.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about aggravated dui
Short answers first. Jeff McCarthy reviews every answer on this page.
It is a DUI with an added fact the law names, such as serious injury, a school bus, no license, no insurance, or a death. It is charged as a felony.
Yes. A DUI committed while you had no driver's license or permit is listed as aggravated DUI. A DUI while your license was revoked or suspended for DUI is also listed.
It can be. Aggravated DUI applies if you knew or should have known the vehicle was not covered by liability insurance. It is generally a Class 4 felony.
It is a Class 2 felony. The statute calls for 3 to 14 years for one death and 6 to 28 years for two or more, unless the court finds extraordinary circumstances that require probation.
It is an aggravated DUI. If the court sentences you to prison, the term is not less than 1 year and not more than 12 years.
The statute allows probation or conditional discharge for the basic Class 4 type, but the court must require at least 480 hours of community service or 10 days in jail. Some types, such as the prior reckless homicide type, bar probation.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
