When Is Driving Under the Influence Considered a Felony?

Updated October 2026

In Illinois, a first DUI is usually a Class A misdemeanor. That can mean up to one year in jail and a fine of up to $2,500.

Some DUI charges are much more serious. They are felonies. Illinois calls them aggravated DUI.

Repeat offenses are the most common reason a DUI becomes a felony. But even a first DUI can be charged as a felony in certain situations.

Below, our Chicago-area DUI lawyers explain when a DUI becomes a felony, what the penalties are, and what to do next. Already charged? See our felony DUI defense page, or call (312) 487-4700 for a free case review.

Felony DUI vs. misdemeanor DUI

A misdemeanor DUI can bring up to one year in county jail and a fine of up to $2,500, plus court costs.

A felony DUI is a big step up. It can mean prison time, a fine of up to $25,000, and a felony record. Illinois ranks felonies by class. These are the general prison ranges:

• Class 4: 1 to 3 years
• Class 3: 2 to 5 years
• Class 2: 3 to 7 years
• Class 1: 4 to 15 years
• Class X: 6 to 30 years

Some felony DUI charges have their own ranges. A crash that causes a death is one example (see below).

Some felony DUI charges allow probation. Others do not. A fourth or fifth DUI cannot get probation, and a sixth DUI is a Class X felony.

Even with probation, the judge must order at least 10 days in jail or 480 hours of community service. The court cannot suspend or reduce these mandatory terms.

Other penalties can include alcohol classes and treatment, testing, counseling, and a Victim Impact Panel.

When does a DUI become a felony in Illinois?

The felony class depends on your record and what happened. A DUI is charged as a felony (aggravated DUI) in these situations.

Repeat DUIs

• Third DUI: Class 2 felony
• Fourth DUI: Class 2 felony, no probation
• Fifth DUI: Class 1 felony, no probation
• Sixth DUI or more: Class X felony

Crashes and injuries

• The DUI caused a crash that killed someone: Class 2 felony with 3 to 14 years in prison (6 to 28 years if two or more people died). Probation is possible only if the judge finds extraordinary circumstances.
• The DUI caused a crash with great bodily harm, permanent disability, or disfigurement: Class 4 felony. If the judge orders prison, the range is 1 to 12 years.
• You have a past DUI-related reckless homicide conviction, or a past aggravated DUI for great bodily harm or death: Class 3 felony, no probation.
• The DUI caused a crash that hurt someone in a 20 mph school speed zone: Class 4 felony.

Children and passengers

• A second DUI with a child under 16 in the car: Class 2 felony.
• A crash that hurt a child under 16 you were driving: Class 4 felony.
• Driving a school bus with passengers on board: Class 4 felony.
• Driving a for-hire vehicle with passengers: Class 4 felony.

License and insurance

• Driving with no valid license or permit: Class 4 felony.
• Driving with no liability insurance, when you knew or should have known: Class 4 felony.
• Driving while your license was revoked or suspended for a DUI, a DUI arrest suspension, reckless homicide, or leaving the scene of an injury crash: Class 4 felony.

Extra mandatory fines can apply if your blood alcohol was .16 or higher, or if a child under 16 was in the car.

What happens after a felony DUI conviction?

The criminal penalties are only part of it. A felony DUI can also:

• Raise your car insurance rates a lot
• Cost you a job that involves driving
• Leave a felony record that employers and landlords can see
• Lead to discipline if you hold a professional license
• Cause immigration problems, including deportation, if you are not a U.S. citizen

What happens to your driver’s license

• Third DUI conviction: Your license is revoked for at least 10 years. You may be able to get a restricted driving permit (RDP). If you do, you will likely need a breath alcohol ignition interlock device (BAIID) in your car for five years before you can seek full reinstatement.
• Fourth DUI conviction or more: Your license is revoked for life. In limited cases, you may be able to seek an RDP after five years. Full reinstatement is very hard.

An arrest is not a conviction

Unless you plead guilty, the state must prove your guilt beyond a reasonable doubt to a judge or jury. That is a high bar. A strong defense looks for weak spots in the state’s case.

How a DUI lawyer helps

Your lawyer will look at how the stop and arrest happened, review the evidence, talk to witnesses, and protect your rights. Common challenges include:

1. Did police have a legal reason to stop you, and probable cause to arrest you?
2. Were the breath or blood test results valid?
3. Was the officer who ran the test trained and certified?
4. Does the officer’s account hold up?

Read more: 54 Ways We’ve Beaten DUIs in Illinois

Every case is different. Your exact charge and penalties depend on the facts and your record. Talk to a lawyer early.

Court dates: A felony DUI is a criminal case. You must appear for your court dates — in person, or by Zoom only if that court authorizes Zoom for that date. We tell you what each date requires.

Talk to Driver Defense Team

Charged with a felony DUI, a misdemeanor DUI, or another traffic crime? We build a defense plan around your facts and fight for the best result we can. We know losing your license can affect your job, your future, and your family.

Free case review: call or text (312) 487-4700. Offices in Chicago and Villa Park. We handle cases in Cook, DuPage, Kane, Lake, and Will County courts.

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