When does drunk driving become a felony in Illinois?

Most of the drivers arrested for drunk driving in Illinois and around the country are charged with misdemeanors, but DUI can be a felony in certain situations. In Illinois, felony drunk driving is called aggravated DUI. Drivers in Illinois can be charged with aggravated DUI if they have prior drunk driving convictions, are arrested while their license is suspended for a prior DUI, or cause accidents that result in serious injury or death.

Aggravated DUI

In some states, motorists can be charged with felony drunk driving even if they have no prior convictions if they have blood alcohol concentrations far in excess of the legal limit. In Illinois, an elevated BAC is not grounds for a felony charge. Drivers in Illinois can face felony charges DUI if they:

• Have two or more prior DUI convictions
• Have a single prior DUI conviction and were transporting a minor
• Were driving without insurance or with a revoked or suspended driver’s license
• Cause an accident that resulted in death or permanent disfigurement
• Have a prior conviction for reckless homicide or involuntary manslaughter
• Were speeding in a school zone and caused an accident
• Caused an accident that injured a minor
• Were transporting one or more passengers in a vehicle for hire