Circumstances for a Class 4 Felony of Aggravated DUI

What is a DUI with Aggravated Circumstances? | Illinois Aggravated DUI

Video by Attorney Kevin O'Flaherty
Article written by Illinois Attorney Kevin O'Flaherty
Updated on
October 9, 2019

Under Illinois law, a DUI offense that results in felony charges is classified as a DUI with aggravated circumstances. There are 11 aggravating factors that can make a DUI a felony in Illinois; one of these factors must be present in a DUI case for the criminal charge to be upgraded to a felony.

In this article, we will list the circumstances in which the state can charge an offender with a “Class 4 felony of Aggravated DUI” and when the state can charge with a “Class 2 felony of Aggravated DUI”.


DUI in Illinois

Circumstances for a Class 4 Felony of Aggravated DUI

Under Illinois law, an individual will be charged with a Class 4 felony of Aggravated DUI under the following circumstances:

·     Committing a DUI while driving a school bus with one or more passengers under age(s) of 14 years old;

·     Committing a DUI while driving a vehicle for hire with one or more passengers;

·     A DUI resulting in great bodily harm, permanent disability or disfigurement.    This offense also faces a revocation of license for 2 years;

·     A DUI committed without a valid driver’s license;

·     A DUI committed without vehicle liability insurance coverage;

·     Committing a DUI while driving in a school zone when the school zone speed limit is in effect;

·     Committing a DUI while driving in a school zone and there’s a crash resulting in bodily harm;

·     A DUI committed while driving with a suspended or revoked driver’s license;

·     A DUI committed involving a reckless homicide or leaving the scene of a personal injury or death.

Circumstances for a Class 2 felony of Aggravated DUI

An individual will be charged with a Class 2 felony of Aggravated DUI under the following circumstances:

·     It’s the individual’s second or subsequent DUI while transporting a child under the age of 16 years old;

·     The individual is driving a vehicle that’s transporting a minor under the age of 16 years old and there’s a crash resulting in bodily harm to the minor. This charge will apply even if it’s the individual’s first DUI offense.


For more on this, check out our article, Illinois Aggravated DUI Explained.

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

O'Flaherty Law is happy to meet with you by phone or at our offices in Chicago, Downers Grove, Elmhurst, Naperville, St. Charles, Lake in the Hills and Tinley Park, Illinois.

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

DUI

Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Here are some articles that may interest you

Contact us for a free consultation

Who We Are
We are your community law firm. Our Illinois Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.
Schedule a free consultation

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers


loading ...
Naperville attorney
DuPage County Probate Attorney
Business Articles & Podcasts

Subscribe to our mailing list

* indicates required