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

Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
October 28, 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.

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Circumstances for a Class 2 felony of Aggravated DUI

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