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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Aggravated DUI
FACING AGGRAVATED DUI CHARGES IN ILLINOIS? ANDREW M. WEISBERG CAN DEFEND YOUR RIGHTS
A DUI charge in Illinois is serious on its own—but when certain circumstances elevate the offense to an aggravated DUI, everything changes. Felony DUI charges carry harsher penalties, steeper fines, longer mandatory license revocations, and long-term consequences for your employment, finances, and daily life. If you are facing an aggravated DUI in Chicago or anywhere in Illinois, you need an experienced and aggressive defense attorney on your side immediately.
Understanding Aggravated DUI Under Illinois Law
Under 625 ILCS 5/11-501, a DUI becomes “aggravated” when specific statutory factors are present. These aggravators transform a misdemeanor DUI into a felony, drastically increasing your exposure to prison time and long-term penalties.
Aggravated DUI charges often involve accusations of endangering others, driving without proper documentation, or causing bodily harm. Because prosecutors treat aggravated DUI cases as threats to public safety, these cases require swift and strategic defense.
Common Aggravating Factors in Illinois
Several circumstances can elevate a DUI to a felony. Some of the most common include:
1. DUI While Driving Without a Valid License or Insurance
Statute: 625 ILCS 5/11-501(d)(1)(H) Driving under the influence while your license is suspended, revoked, expired, or while uninsured. Penalties: Class 4 felony, 1–3 years in prison, up to $25,000 in fines.
2. DUI Resulting in Bodily Harm or Death
Statute: 625 ILCS 5/11-501(d)(1)(C) Causing a crash that results in great bodily harm, permanent disability/disfigurement, or death. Penalties: • Class 2 felony (3–7 years, or up to 14 years for multiple victims) • If a death is involved: Class 2 felony with sentencing ranges up to 28 years
3. Prior DUI Convictions
Statute: 625 ILCS 5/11-501(d)(1)(A) Having two or more prior DUIs can lead to aggravated charges. Penalties: Class 2 felony, 3–7 years, up to $25,000 in fines.
4. DUI With a Child Passenger
Statute: 625 ILCS 5/11-501(d)(1)(J) Driving under the influence with a child under 16 in the vehicle. Penalties: Class 4 felony, 1–3 years in prison.
5. DUI in a School Zone or Near a School Bus
Statute: 625 ILCS 5/11-501(d)(1)(E) Driving under the influence in a school zone or while passing a stopped school bus. Penalties: Class 4 felony, 1–3 years in prison.
6. DUI Causing Significant Property Damage
Statute: 625 ILCS 5/11-501(d)(1)(G) Damaging property while driving under the influence. Penalties: Often charged as a Class 4 felony.
Consequences of an Aggravated DUI Conviction
An aggravated DUI conviction brings serious and long-lasting consequences:
• Felony record that can impact employment, housing, licensing, travel, and more • Mandatory license revocation, often lasting years—or even life • Massive insurance consequences, including SR-22 requirements • Mandatory treatment, classes, evaluation, or community service • Potential civil liability for injuries, property damage, or wrongful death claims • Possible prison time, even for first-time aggravated DUI offenders
These cases cannot be taken lightly. With the new Cook County State’s Attorney’s tougher policies, prosecutors are pushing harder for convictions, extended sentences, and fewer reductions.
Defending Against Aggravated DUI Charges
Aggravated DUI cases are complex, but they are far from hopeless. Andrew M. Weisberg conducts a strategic, detail-oriented investigation to challenge each part of the prosecution’s case.
Possible defenses include:
Challenging the Legality of the Traffic Stop
If the stop lacked reasonable suspicion or probable cause, all resulting evidence may be suppressed.
Attacking the Accuracy of Breath or Blood Tests
Breathalyzer machines must be properly calibrated; blood tests must follow strict protocols. Any deviation can create doubt.
Disputing the Alleged Aggravating Factor
If prosecutors cannot prove the aggravator (license status, harm, school zone, etc.), the felony may be reduced to a standard DUI.
Identifying Procedural Errors or Rights Violations
Unlawful searches, improper questioning, or mishandled evidence can lead to dismissal or reduction of charges.
Negotiating a Favorable Resolution
In some cases, minimizing penalties through strategic negotiation may be the most practical outcome.
Every aggravated DUI case is unique, and Andrew tailors his defense to the exact circumstances of your arrest.
Why Choose Andrew M. Weisberg as Your Defense Attorney?
Aggravated DUI cases demand a lawyer who knows how prosecutors think—and how to beat their strategies. As a former Cook County prosecutor, Andrew M. Weisberg brings rare insight into how these cases are evaluated, charged, and litigated.
Clients choose Andrew because he provides:
• Deep knowledge of Illinois DUI law and the science behind breath and blood testing • Strategic, aggressive defense designed to protect your freedom and your record • Personalized attention—you work directly with Andrew, not a junior associate • A track record of success in complex DUI and felony cases across Cook County
Andrew’s proactive and precise approach makes a powerful difference in aggravated DUI matters.
The Importance of Early Legal Intervention
Time is your most valuable asset. The earlier an attorney steps in, the better your chances of achieving a positive outcome.
Immediate action allows Andrew to:
• preserve crucial evidence • challenge improper testing • negotiate before prosecutors harden their position • protect your license • prevent the case from escalating
Delays can close off important defense opportunities. Contacting Andrew early can significantly improve your options.
Andrew M. Weisberg: Committed to Your Defense
Facing an aggravated DUI charge is overwhelming, but you do not have to face it alone. Andrew M. Weisberg provides clear communication, skilled legal guidance, and unwavering support from your first call to the final resolution of your case.
He fights tirelessly to safeguard your rights, protect your future, and seek the most favorable outcome possible.
Frequently Asked Questions About Aggravated DUI in Illinois
What makes a DUI “aggravated” under Illinois law?
A DUI becomes aggravated when certain statutory factors elevate the offense from a misdemeanor to a felony. These factors include driving without a valid license or insurance, having multiple prior DUIs, causing great bodily harm or death, having a child passenger, or committing DUI in a school zone, among others. Aggravated DUI is always a felony and carries far harsher penalties than a standard DUI.
Is aggravated DUI a mandatory prison offense?
Some aggravated DUI offenses carry mandatory prison sentences, while others may still allow for probation. When the aggravated DUI involves great bodily harm or death, or when the driver has multiple prior DUI convictions, prison time is far more likely and, in some situations, mandatory. The specific aggravating factors determine the sentencing range and whether probation is even an option.
Can aggravated DUI charges be reduced to a misdemeanor?
It is possible in certain cases, but reduction typically depends on the strength of the evidence, the aggravating factor involved, the client’s background, and the nature of the incident. Reductions are more likely when the aggravating factor is administrative in nature, such as driving without insurance, rather than cases involving injury or death.
What happens if someone was injured in the DUI incident?
If the DUI resulted in great bodily harm, permanent disability, or disfigurement, the offense is charged as a felony with significantly enhanced penalties. The State will examine medical records, accident reconstruction, and witness statements. These cases are treated with exceptional seriousness in Cook County, and immediate representation is critical.
How does an aggravated DUI affect my driver’s license?
A felony DUI conviction leads to mandatory revocation of driving privileges. Depending on the circumstances, you may be eligible for a restricted driving permit, but reinstatement is not automatic and requires a formal hearing with the Secretary of State. Aggravated DUI convictions make the reinstatement process longer and more demanding.
Can I challenge the breath or blood test in an aggravated DUI case?
Yes. Breath and blood tests must be administered correctly, and the equipment must be properly maintained and calibrated. If protocols were not followed, or if the chain of custody for blood samples was mishandled, the results may be suppressed. Challenging the test results is often a key part of defending an aggravated DUI.
Does the prosecutor have to prove the aggravating factor beyond a reasonable doubt?
Yes. The underlying DUI and the aggravating factor must both be proven beyond a reasonable doubt. If the aggravating factor cannot be established, the charge may be reduced to a misdemeanor DUI. This is why it is important for your attorney to analyze the entire record carefully, including police reports, lab results, and accident documentation.
What if I refused chemical testing?
Refusing chemical testing can result in an automatic driver’s license suspension and may impact the severity of the case. However, refusal can also limit the evidence available to the prosecution. An experienced attorney can determine whether refusal strengthens or weakens your defense based on the specific facts.
Will an aggravated DUI conviction affect my insurance and employment?
Yes. Insurance premiums typically rise dramatically after a DUI conviction, and employers—particularly those in transportation, health care, government, and professional licensing—may view a felony DUI as disqualifying. This is one reason it is essential to fight the charge early and aggressively.
Why is early legal representation so important in aggravated DUI cases?
Evidence in DUI cases dissipates quickly. Surveillance footage may be erased, witnesses’ memories fade, and vehicles involved in accidents can be repaired or destroyed. Early representation allows your attorney to secure crucial evidence, request police video, analyze breath-test data, and begin shaping a strong defense before the prosecution solidifies its case.
Contact the Law Offices of Andrew M. Weisberg Today
If you have been arrested or charged with aggravated DUI in Illinois, the time to act is now. Andrew M. Weisberg is available 24/7 to discuss your case and provide immediate help.
Phone: Call (773) 908-9811 anytime Online: Submit a Case Review form through our website for a prompt response
The sooner you have a skilled defense attorney on your side, the stronger your defense will be. Let Andrew M. Weisberg put his experience to work for you.
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