What Is the Difference Between DUI and Aggravated DUI?

A standard DUI is a Class A misdemeanor while an aggravated DUI is a felony. The difference is that there is an added factor, which determines the felony class and the sentencing that applies if convicted. When aggravating factors are present, the potential for mandatory time behind bars becomes much higher, and strong defense is the key to protecting your rights.

Same Underlying Conduct, Different Charge

Both a standard DUI and an aggravated DUI start from the same core allegation of operating a vehicle under the influence. The aggravating factor is what elevates a DUI into felony territory.

For those who ask, what are the penalties for a first DUI in Illinois, our Illinois DUI penalties: complete guide covers what you may face, including aggravated DUI penalties.

If you’re charged with a standard DUI in Illinois, it is a Class A misdemeanor. However, if any aggravating factors are present, it can become a felony charge, and that’s when you may be met with a variety of penalties and sentences. Some jail or prison sentences will be mandatory and non-probationable. The risks to your future and your freedom are far higher when you are looking at a felony DUI.

For a first-time DUI without aggravating factors, the possibility for court supervision exists, though it is never a guarantee. When a DUI becomes a felony, those extraordinary factors generally make this option unavailable.

The Added Factor Is a Separate Element

Under 625 ILCS 5/11-501, the statute broadly covers driving under the influence in Illinois. If you are alleged to have an aggravating factor that elevates your DUI into a felony, then it must be proven by prosecutors. The State has the burden of proving beyond a reasonable doubt that this aggravating factor existed. Put plainly, alleging the factor is not enough. Defeating the factor in question is what can drop a felony right back down to a misdemeanor with lesser penalties and fines as well as the potential for court supervision.

Since there is a big difference in what lies ahead for punishments the state may ask the court to impose if you are found or plead guilty to an aggravated DUI, the defense you have in place greatly matters.

Attorney Insight

“I spent years building these exact cases for the State, so I know precisely where an aggravating factor is strong and where it’s paper thin. Standard DUI or felony aggravated DUI, my job is the same: find the weak link in their proof and use it to protect your record and your freedom.” —Erin K. Conner, Founding Attorney and former Chief of the Criminal Bureau, St. Clair County State’s Attorney’s Office

Which One Are You Facing?

In both DUI and Aggravated DUI, time is of the essence. Waiting to retain the right attorney can mean that you miss the window to challenge the statutory summary suspension, and further, leaves the prosecution time to build and refine their case against you.

The Conner Law Firm defends both misdemeanor and felony DUI charges in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois. Contact The Conner Law Firm today at (618) 277-2421 or text (314) 944-5553 to get started on your defense.