---
title: "Does DUI with injury automatically become an aggravated felony in Illinois?"
description: "Not automatically. The specific injury classification determines the charge tier. Minor injuries not rising to great bodily harm typically remain Class A misdemeanor DUI with a possible property..."
url: https://chicagoduilawyer.net/faq-items/does-dui-with-injury-automatically-become-an-aggravated-felony-in-illinois/
date: 2026-07-08
modified: 2026-07-08
author: "Chicago DUI Lawyer"
type: faq
lang: en
---

# Does DUI with injury automatically become an aggravated felony in Illinois?

Not automatically. The specific injury classification determines the charge tier. Minor injuries not rising to great bodily harm typically remain Class A misdemeanor DUI with a possible property damage enhancement. Great bodily harm, permanent disability, or permanent disfigurement each trigger Class 4 felony aggravated DUI under 625 ILCS 5/11-501(d)(1)(C). Death of one person triggers Class 2 with mandatory prison. The chicagoduilawyer.net brand watches prosecutor charging behavior carefully because overcharging on marginal injury cases happens routinely. Motion practice, medical record analysis, and defense expert testimony are the tools that force reclassification before sentencing math becomes irreversible.