A DUI arrest in Illinois can turn life upside down in a single night. What starts as a routine traffic stop can quickly become handcuffs, a night in county jail, a suspended driver’s license, and the possibility of a permanent criminal record.
Many people believe a first DUI is “just a ticket.” Under Illinois DUI law, it is not. A DUI is a criminal charge. Even a first-time misdemeanor DUI can carry jail time, heavy fines, loss of driving privileges, and long-term damage to employment and licensing. In some situations, that same arrest can be filed as a felony DUI, called an aggravated DUI.
Keep reading to learn more about the difference between a misdemeanor DUI and a felony DUI in Illinois and how a skilled DUI attorney can help.
How Illinois Defines “Driving Under the Influence”
Illinois DUI law, found at 625 ILCS 5/11-501, makes it illegal to operate a vehicle while impaired by alcohol, drugs, or a combination of substances. The law covers alcohol, cannabis, prescription medication, and other controlled substances.
You can be charged with DUI in Illinois if any of the following apply:
- Your blood alcohol content (also called blood alcohol concentration) is 0.08% or higher.
- Police claim that alcohol or drugs made you unable to drive safely, even if you are below 0.08%.
- You are under the influence of cannabis, prescription medication, or medical marijuana in a way that affects safe driving.
- You refuse a chemical test, such as a breath test or blood test, after arrest.
Illinois also has a zero-tolerance approach for drivers under 21. Any amount of alcohol in the system of a driver under 21 can trigger penalties and affect driving privileges.
How Police Build a DUI Case
Most DUI arrests begin with a traffic stop. The officer may claim you were swerving, crossing the center line, speeding, braking late, or otherwise driving in an unsafe way. From that point forward, that stop becomes evidence.
During the stop, officers commonly:
- Ask you to perform field sobriety tests
- Say they notice “signs of impairment” like slurred speech, glassy eyes, or balance issues
- Ask you to submit to a breathalyzer test or request a blood or urine sample after arrest
Many officers also receive Advanced Roadside Impaired Driving Enforcement (ARIDE) training and testify that they can detect cannabis or drug-related impairment based on appearance or behavior. That testimony is frequently used later in court.
Why Most First-Time DUIs Are Misdemeanors
Most first-time DUI arrests in Illinois are initially charged as misdemeanors instead of a felony DUI. In most cases, the charge is a Class A misdemeanor. A misdemeanor DUI still carries serious consequences.
What a Class A Misdemeanor DUI Means
A Class A misdemeanor in Illinois is not a traffic ticket; it is a criminal offense. A conviction for a first-time misdemeanor DUI can include:
- Up to 364 days in county jail
- Fines and court costs
- Mandatory drug and alcohol treatment, education, or counseling
- Community service or probation
- A permanent criminal record
That record does not simply “go away.” A DUI conviction can appear on background checks when applying for a job, renewing certain professional licenses, or trying to rent housing. It can also be used against you in the future if you are ever arrested again.
Long-Term Impact
A first DUI conviction can be used later to raise any subsequent arrest to a higher-level offense. Prosecutors often argue that a repeat DUI is no longer a simple mistake; it is a pattern. That is how some drivers end up facing felony-level exposure after what felt like a routine stop.
When a DUI Becomes a Felony in Illinois
Not all DUI charges are treated as misdemeanors in Illinois. The law allows prosecutors to escalate certain cases to an aggravated DUI charge, which is classified as a felony.
What Can Turn a Misdemeanor DUI Into Aggravated DUI
A DUI can be upgraded to a felony when certain aggravating factors are claimed, including:
- Driving under the influence while your driver’s license is already suspended or revoked
- Causing great bodily harm or death
- Having prior DUI convictions
- Driving without required insurance or without a valid registration
- Having a child in the vehicle in certain situations
Once a DUI is charged as an aggravated DUI, the case moves into felony territory. Felony DUI is not handled like a traffic matter. It is prosecuted like any other felony case.
Felony Levels and Penalties
Illinois recognizes multiple levels of felony DUI:
- Class 4 felony
- Class 2 felony (for example, where great bodily harm is alleged)
- In extreme cases, a Class X felony
Possible penalties include years in the Illinois Department of Corrections, not just time in county jail. In addition, felony DUI can trigger long-term or permanent driver’s license revocation and strict conditions before you can even apply to get your license back.
Learn More: Driving with a Revoked License
License Suspension, Revocation, and Your Ability to Drive
In an Illinois DUI case, you are actually dealing with two different battles at once:
- The criminal case in court
- Your license status with the Illinois Secretary of State
These are separate processes, and both matter.
Statutory Summary Suspension
An Illinois license suspension is a temporary loss of driving privileges for a set amount of time. After that time, you may be eligible to reinstate, often by paying a fee and meeting certain conditions.
In DUI cases, suspension usually starts as a statutory summary suspension. This can happen if:
- Your blood alcohol concentration tested at 0.08% or higher, or
- You refused to take a breath test, blood test, or other chemical test
Refusing testing is not “free.” In many cases, refusing leads to a longer suspension than failing. The State still has to prove the DUI in criminal court, but your license can be taken away immediately if you do not fight that suspension.
License Revocation
A revocation is not a timeout. It is a cancellation of your driver’s license and your driving privileges. After a revocation, you do not automatically get your license back when time runs out. You must formally request reinstatement, and in many cases, attend a hearing with the Secretary of State.
Revocation is common in repeat DUI cases, aggravated DUI cases, and DUI cases involving serious injury or other aggravating factors. Because Illinois is part of the Interstate Driver’s License Compact, a revocation here can affect your ability to drive in other states.
Can You Drive While Suspended?
Losing the ability to drive can mean losing the ability to work. Illinois recognizes that and, in some cases, allows limited or monitored driving.
Two common options are:
- A Monitoring Device Driving Permit
- A Restricted Driving Permit
These often require a Breath Alcohol Ignition Interlock Device (BAIID) to be installed in your vehicle. The device checks for alcohol before the car starts and sometimes while you are driving. You are generally responsible for installation costs, monitoring fees, and monthly fees. For many people, it is the only way to keep a job during a suspension.
What to Expect in Court
Not every courthouse handles DUI the same way. A case in Cook County may move differently than one in DuPage County or DeKalb County. But most DUI cases follow a familiar path:
- You receive a first court date and must appear.
- You are advised of the charge and potential penalties.
- You may be pressured to plead guilty quickly in exchange for “no jail” or “court supervision.”
Pleading guilty immediately may feel like the fastest way to “get it over with,” but that quick decision can leave you with:
- A permanent criminal record
- A suspended or revoked driver’s license
- Higher insurance rates
- Strict probation terms and ongoing court costs
- Violations that can be used to raise any future DUI to felony status
Skipping court is even worse. If you miss your appearance, the judge can issue a warrant.
Drug and Cannabis DUI in Illinois
A DUI in Illinois is not only about alcohol. You can be charged with DUI if the State claims impairment from marijuana, prescription medication, or other drugs.
Even medical marijuana patients and people with valid prescriptions can be charged if the State claims they were too impaired to drive safely. Officers frequently testify about physical signs, speech, and balance, and prosecutors rely on that testimony heavily.
Why You Need Legal Help Immediately
A DUI arrest is more than a bad night. It can threaten your license, your job, your freedom, and your record. It can also escalate quickly if the State argues aggravating factors and pushes for an Aggravated DUI or a felony DUI, such as a Class 2 felony.
An experienced Illinois DUI lawyer can:
- Challenge whether the traffic stop was legal in the first place
- Question how field sobriety tests were given and interpreted
- Examine whether the breath test, blood test, or other chemical test was done correctly
- Force the State to prove any alleged aggravating factors needed for felony-level sentencing
- Fight the statutory summary suspension of your license with the Illinois Secretary of State
The goal is to protect your driving privileges, reduce or avoid jail exposure, and keep a damaging conviction off your record whenever possible.
Protecting Yourself After a DUI Arrest
A misdemeanor DUI in Illinois is still a Class A misdemeanor and carries up to 364 days in county jail, fines, and possible loss of driving privileges. It goes on your record. It can raise your insurance. It can follow you on background checks. When certain aggravating factors are alleged, the same situation can become an aggravated DUI and expose you to felony penalties, including Department of Corrections time and long-term driver’s license revocation.
A DUI charge does not have to destroy your future. Before your next court date, speak with an Illinois DUI lawyer at Dohman Law Group at (847) 616-9993. Get answers about your risks, your defenses, and what can be done to protect your license and your record.