Second-Offense & Aggravated DUI Defense in Kane & DuPage County

Fighting Aggressively For You, Your Rights & Your Future

Repeat DUI & Felony Aggravated DUI Charges in Illinois

A Second DUI Is Not a First DUI, and a Felony DUI Is Different Again

A first DUI in Illinois is serious, but a second DUI or an aggravated DUI raises the stakes considerably: mandatory jail or community service, multi-year license revocations, and in aggravated cases a felony record and possible prison. Attorney Joseph S. Angelillo defends people charged with repeat and aggravated DUI in Kane County and DuPage County. For first-offense DUI cases, see our main DUI defense page. Call (630) 688-7511 for a free consultation.

This page is general information about Illinois law, not legal advice about your situation, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and no lawyer can promise a particular result.

Second-Offense DUI in Illinois

A second DUI is generally a Class A misdemeanor, the same class as a first offense, but the consequences are much heavier:

• No court supervision. Supervision for DUI is available only once in a lifetime, so a second DUI that results in a guilty finding is generally a conviction.
• Mandatory minimum penalties. A second conviction carries mandatory minimum jail time or community service, and penalties increase when the alcohol concentration was 0.16 or higher or a child was in the vehicle.
• License revocation. A second DUI conviction within 20 years generally brings a revocation of at least five years.
• Longer summary suspension. For a driver who is not a “first offender,” the statutory summary suspension is generally one year for a failed test and three years for a refusal.
• Evaluation and treatment. An alcohol and drug evaluation and any recommended treatment are required.

When a DUI Becomes Aggravated DUI (a Felony)

Under the Illinois DUI statute (625 ILCS 5/11-501), certain circumstances turn a DUI into aggravated DUI, a felony. Common aggravating factors include:

• a third or subsequent DUI, with the felony class increasing with each prior violation;
• driving while the license was suspended or revoked for a prior DUI, a summary suspension, or reckless homicide;
• driving without a valid driver’s license or without liability insurance at the time of the offense;
• an accident that caused great bodily harm, permanent disability or disfigurement to another person;
• an accident that caused a death;
• transporting a child under 16 when there is a prior DUI or the child was injured;
• driving a school bus with passengers, or a vehicle for hire with passengers; and
• causing bodily harm in a school zone during restricted hours.

Aggravated DUI ranges from a Class 4 felony to a Class X felony depending on the factor and the person’s history. Some aggravated DUI sentences are probationable, while others require mandatory prison time. A felony DUI conviction also carries a long-term license revocation.

Your Driver’s License After a Repeat DUI

Repeat and aggravated DUI cases usually involve a revocation rather than a suspension. A revoked license does not come back automatically. Reinstatement generally requires a hearing before the Illinois Secretary of State, proof of evaluation and treatment, and often a breath alcohol ignition interlock device (BAIID). A person with four or more DUI convictions is generally permanently ineligible for reinstatement. Driving while revoked after a DUI is itself a serious crime, so it is important to understand what you can and cannot do while the case is pending.

A summary suspension can still be challenged in a repeat case. A petition to rescind must be filed within 90 days of notice. See our pages on driving on a suspended or revoked license and CDL traffic violations if those issues apply to you.

How We Defend Second and Aggravated DUI Cases

A prior record does not mean the State can prove the new charge. Every element still has to be proven beyond a reasonable doubt, including the aggravating factor. We review:

• the reason for the stop and whether it was lawful;
• how field sobriety tests were administered and recorded on squad and body-worn camera video;
• breath, blood or urine testing procedures, timing and records;
• whether the prior offenses are properly documented and actually count toward the enhancement;
• whether the aggravating factor, such as the license status, insurance or the cause of an injury, can be proven; and
• whether statements were obtained in violation of your rights.

Depending on the evidence, possible outcomes may include a dismissal, an acquittal, a reduction from a felony to a misdemeanor, or a negotiated sentence that limits jail exposure and addresses your license. We will give you a candid assessment of the risks before you decide anything.

Steps to Take Now

• Calendar the 90-day deadline to challenge your summary suspension.
• Do not drive if your license is suspended or revoked, even for short trips.
• Gather records of your prior DUI cases, Secretary of State hearings and any completed treatment.
• Consider beginning an alcohol and drug evaluation early, after speaking with your lawyer.

DUI Cases in Kane and DuPage County

Kane County DUI and felony cases are generally heard at the Kane County Judicial Center in St. Charles, and DuPage County cases at the DuPage County Judicial Center in Wheaton. For details on each courthouse and how cases move, see our Kane County criminal defense guide and DuPage County criminal defense guide, or our traffic violations page.

If you are facing a second DUI or an aggravated DUI charge, do not wait until the summary suspension or the first court date. Contact Angelillo Law or call (630) 688-7511.

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Second & Aggravated DUI FAQ

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Angelillo Law

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2325 Dean Street, Ste 800F

St. Charles, IL 60175

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