Is a DUI on a Suspended License a Felony in Illinois After People v. Aguilar?

Last Reviewed & Updated: September 30, 2026

By: W. Scott Hanken | Former Sangamon County Prosecutor | Springfield Criminal Defense & DUI Attorney | Voted “Best Attorney” — Illinois Times Best of Springfield & State Journal-Register Reader’s Choice | Springfield, IL | Sangamon County | (217) 544-4057 | hankenlaw.com

Bottom Line: No. In Illinois, a DUI on a suspended license is a felony only if the suspension came from a prior DUI, a statutory summary suspension, leaving the scene of an injury or fatal crash, or reckless homicide. People v. Aguilar, 2026 IL 131382 (German Cruz Aguilar; Docket No. 131382), held an SR-22 suspension doesn’t qualify; its reasoning covers unlisted suspensions.

This is not People v. Aguilar, 2013 IL 112116, the Illinois Supreme Court’s 2013 gun-possession decision. The 2026 case concerns only DUI and license status.

If your license was suspended for a missed court date, insurance problems, a zero tolerance violation, or another reason not on that short list, the State cannot use the suspension to turn your DUI into a felony. It may still charge a misdemeanor DUI, a separate driving-while-suspended offense, or a different aggravating factor. If you already face a felony count in Sangamon County built on the wrong kind of suspension, that count may be subject to dismissal.

Charged with aggravated DUI in Springfield? Call W. Scott Hanken, Attorney at Law, at (217) 544-4057 for a free consultation.

What Did the Illinois Supreme Court Decide in People v. Aguilar in 2026?

The Illinois Supreme Court held that a driver who holds an issued, unexpired Illinois license still “possesses” that license even while it is suspended. The State therefore cannot charge felony DUI under the “no license” provision based on that kind of suspension. The ruling was unanimous.

Case at a Glance

• Case: People v. Aguilar, 2026 IL 131382 (German Cruz Aguilar; Docket No. 131382)
• Court and date: Illinois Supreme Court, opinion filed September 24, 2026; unanimous
• Where it arose: Champaign County; the Supreme Court affirmed People v. Cruz Aguilar, 2024 IL App (5th) 220651, and modified the trial court’s dismissal to be without prejudice
• Holding: Subsection (H) of 625 ILCS 5/11-501(d)(1) does not make a DUI a felony when the driver holds an unexpired Illinois license that is suspended for an SR-22 violation.
• Suspensions that still make DUI a felony under subsection (G): a prior DUI; a statutory summary suspension under 11-501.1; leaving the scene of an injury or fatal crash under 11-401(b); reckless homicide under 720 ILCS 5/9-3.

Read the full People v. Aguilar opinion (official Illinois Supreme Court PDF).

The defendant’s license was suspended on December 21, 2020, because he failed to maintain SR-22 insurance. After that suspension was already in effect, he was charged in Champaign County with DUI for driving on April 30, 2021. Prosecutors charged it as aggravated DUI under 625 ILCS 5/11-501(d)(1)(H), claiming a suspended driver “did not possess a driver’s license.” The trial court dismissed the felony counts with prejudice, and the Appellate Court, Fifth District, affirmed. The Supreme Court affirmed as well, but changed the dismissal to one without prejudice. The case arose outside Sangamon County, but the rule applies statewide, including in the Sangamon County Circuit Court in Springfield.

The key reasoning is structural. The very next provision, subsection (G), lists the specific suspensions that make a DUI a felony. If subsection (H) covered every suspension, the list in (G) would be meaningless. The court overruled People v. Rosenbalm, 2011 IL App (2d) 100243, to the extent it holds otherwise. Rosenbalm, which involved an expired license held as bond, had said that a revoked, suspended, or expired license is not “possessed” under (H). Aguilar rejected that view as erroneous for suspensions and revocations; it did not squarely decide the expired-license part (see below).

Key Holding (Quoted) —

“We hold that section 11-501(d)(1)(H) of the Vehicle Code does not elevate a DUI to aggravated DUI when a defendant possesses an unexpired Illinois driver’s license but his or her driving privileges are suspended for an SR-22 violation that is not among the suspension-based offenses enumerated in subsection (G) of the Vehicle Code.” People v. Aguilar, 2026 IL 131382, ¶ 59.

In plain terms, holding an issued license means you “possess” one, even while it is suspended. Only the suspensions listed in subsection (G) can make the DUI a felony based on license status.

Statute Callout — 625 ILCS 5/11-501(d)(1)(G) and (H)

The subsection (G) and (H) language below is the text the Illinois Supreme Court interpreted in Aguilar.

(G) the person committed a violation of subsection (a) during a period in which the defendant’s driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;

(H) the person committed the violation while he or she did not possess a driver’s license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;

Which License Suspensions Make a DUI a Felony in Illinois?

Only four kinds of suspension or revocation turn a DUI into aggravated DUI based on license status. Each one comes from subsection (G).

• A prior DUI. A suspension or revocation for violating 625 ILCS 5/11-501(a), or a “similar provision.” That includes an out-of-state DUI or a local DUI ordinance.
• A statutory summary suspension. Under 625 ILCS 5/11-501.1, this is the administrative suspension that follows a DUI arrest when you fail or refuse chemical testing. See our guide to DUI defense in Sangamon County, which covers challenging a statutory summary suspension.
• Leaving the scene of a crash involving injury or death under paragraph (b) of 625 ILCS 5/11-401.
• Reckless homicide under 720 ILCS 5/9-3.

The statutory summary suspension is the one I see drive most felony DUI filings in Sangamon County. The pattern is simple. Someone is arrested for DUI, the summary suspension starts on the 46th day, and they drive before it ends. A second DUI arrest during that window is a Class 4 felony under (G). Aguilar did not change that.

Which Suspensions No Longer Support a Felony DUI Charge After Aguilar?

Every suspension outside the (G) list falls outside both (G) and (H) under Aguilar’s reasoning. The case itself involved an SR-22 financial responsibility suspension. The court said directly that (H) “does not operate as a catchall for suspensions not identified in subsection (G).”

Common Secretary of State suspensions that fall outside the (G) list include:

• Financial responsibility or SR-22 insurance suspensions (the Aguilar facts)
• Failure to appear in court on a traffic offense that can carry jail time
• Unpaid child support
• Too many moving violations within a set period
• Zero tolerance suspensions for drivers under 21 (discussed below)

Does a Failure-to-Appear or Unpaid-Ticket Suspension Make a DUI a Felony in Illinois?

Under Aguilar’s reasoning, no. A suspension for failing to appear in court is not one of the four (G) categories. The driver still holds an issued license, so (H) does not apply either. Aguilar itself decided only the SR-22 version of this question, but the failure-to-appear version rests on the same reading of (G) and (H).

Illinois has also narrowed these suspensions. The State stopped suspending licenses for unpaid traffic tickets in July 2021, and since July 1, 2025, the Secretary of State enters a failure-to-appear suspension only for traffic offenses punishable by jail time.

This matters in Springfield because these are the suspensions I see most. The great majority of driving-while-suspended cases I handle arise from not complying with minor offenses or not maintaining insurance. Clients are often caught off guard at the stop because they never updated their address with the Secretary of State, so they never received the suspension notice. Before Aguilar, a DUI arrest on top of one of those suspensions could be filed as a felony. Now it cannot be, at least not on license status alone.

Table — Which Illinois license problems make DUI a felony after Aguilar

What Is the Penalty Difference Between Misdemeanor DUI and Aggravated DUI?

The difference is the gap between county jail and a felony record. A first misdemeanor DUI is a Class A misdemeanor under 625 ILCS 5/11-501(c)(1). Under 730 ILCS 5/5-4.5-55, a Class A misdemeanor carries up to 364 days in jail and a fine of up to $2,500. Aggravated DUI under (G) or (H) is a Class 4 felony under 11-501(d)(2)(A). Under 730 ILCS 5/5-4.5-45, that carries 1 to 3 years in the Illinois Department of Corrections, plus a fine of up to $25,000 under 730 ILCS 5/5-4.5-50(b).

Probation is available on a Class 4 aggravated DUI. However, 11-501(d)(3) requires a minimum of either 480 hours of community service or 10 days of imprisonment as a condition of that probation. In Sangamon County Circuit Court, that distinction decides whether a client leaves with a misdemeanor or a permanent felony conviction. DUI convictions and DUI supervision are excluded from sealing and expungement under 20 ILCS 2630/5.2(a)(3), so a felony DUI stays on the record.

Charged with a felony DUI based on your license status? Call (217) 544-4057 to have W. Scott Hanken, Attorney at Law, review your driving abstract before your next court date.

What If I Had a Zero Tolerance Suspension When I Was Arrested for DUI?

A zero tolerance suspension alone cannot make a later DUI an aggravated DUI. Here is why. Zero tolerance suspensions come from 625 ILCS 5/11-501.8, which applies to drivers under 21 with any alcohol in their system. Subsection (G) lists 11-501.1 summary suspensions, but it does not list 11-501.8. Under Aguilar, the young driver still “possesses” an issued license or permit, so (H) does not apply either. No Illinois reviewing court has addressed the zero tolerance question directly. This conclusion applies Aguilar’s holding to a suspension the statute plainly leaves off the list.

In practice, three exceptions matter:

• The earlier stop may have produced a summary suspension, not a zero tolerance suspension. If that earlier stop involved a DUI arrest with a test at 0.08 or above, or a refusal, the Secretary of State may have entered a statutory summary suspension under 11-501.1. That type is on the (G) list. The driving abstract shows which statute was used, and that entry controls.
• The earlier stop may have ended in a DUI conviction. If so, the resulting revocation is “for a violation of subsection (a),” and a new DUI during that revocation is a (G) felony.
• A graduated license or instruction permit still counts. A 17-year-old with only a permit “possesses” a permit, which (H) expressly lists.

The new DUI still carries real consequences. The State can file a misdemeanor DUI, and it can file driving while suspended as a separate charge, usually a Class A misdemeanor under 625 ILCS 5/6-303(a), with enhancements in later subsections of 6-303. For a young driver in Springfield, the practical question is whether the case stays a misdemeanor or becomes a felony. Aguilar answers that question in the driver’s favor.

What If My License Was Suspended for No Insurance and I Was Also Driving Uninsured?

The suspension will not make the DUI a felony, but the lack of insurance might, through a different provision. Subsection (I) of 625 ILCS 5/11-501(d)(1) makes a DUI aggravated if the driver “knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy.” Aguilar involved only an (H) charge, so it says nothing about (I).

Note what (I) actually requires. The test turns on the vehicle, not the driver’s license status. A driver with an SR-22 suspension who was driving a friend’s insured car does not fit (I). A driver in his own uninsured car likely does. Because the Aguilar dismissal was without prejudice, prosecutors can refile under (I) when the facts support it.

What If My License Was Expired Instead of Suspended?

That question is not fully settled. Aguilar’s formal holding covers a driver with an unexpired license, and Rosenbalm itself involved an expired license. However, the court also wrote that (H) “applies to individuals who have never acquired a driver’s license.” Read literally, that language puts an expired license outside (H) as well.

Expect prosecutors to argue that the holding is limited to its facts. Expect defense counsel to rely on the “never acquired” language. The same split applies to revocations for reasons not listed in (G). Until a court decides these questions, anyone charged under (H) on an expired or revoked license should have the charging instrument reviewed.

What If I Was Driving on a Permit During a DUI Suspension?

Holding a permit defeats (H), but it does not defeat (G). A monitoring device driving permit or restricted driving permit is expressly listed in (H), so a permit holder “possesses” a permit. However, (G) asks whether the DUI happened “during a period in which the defendant’s driving privileges are revoked or suspended” for a listed reason. The statute contains no exception for permit holders. A new DUI while driving on an MDDP during a summary suspension can still be charged as a (G) felony.

Can the State Refile My Case After an Aguilar Dismissal?

Yes. A dismissal for failure to state an offense under 725 ILCS 5/114-1(a)(8) is not a ruling on the merits. Section 114-1(e) allows a new charge to be filed, which is why the Supreme Court changed the Aguilar dismissal to “without prejudice.”

In Sangamon County, the realistic outcome of a successful motion is a reduction, not an end to the case. The felony count goes away, and the misdemeanor DUI and any driving-while-suspended charge remain. That still changes a great deal: sentencing exposure, the felony record, and your negotiating position.

Frequently Asked Questions (FAQs)

Further Reading

Practice Area

• Springfield DUI Defense

Related Articles

• Illinois Statutory Summary Suspension vs. Field Sobriety Test Suspension: Critical Differences for Springfield Drivers Facing Cannabis DUI Charges — Check which kind of suspension your abstract actually shows, because only one of them can make a DUI a felony.
• Illinois Zero Tolerance Law: The Complete Guide for Drivers Under 21 in Springfield & Sangamon County — Find out exactly what kind of suspension an under-21 stop put on your record.
• 2026 Guide to BAIID & MDDP for First-Time DUI in Springfield, IL — Driving on an MDDP during a summary suspension? Know the rules before a second stop turns into a (G) felony.
• DUI Dismissal in Illinois: What Actually Gets Cases Dropped — Beyond a defective felony count, see what else can get a DUI case thrown out.
• Illinois Graduated Driver Licensing: What Every Springfield Teen — and Their Parents — Needs to Know Before a Traffic Ticket Changes Everything — For permit holders and parents: why a teen’s permit still counts as “possessing” one.

Browse by Topic

• DUI Defense
• License Suspension / Revocation
• Statutory Summary Suspension
• Felony Charges

Ready to Fight Your DUI Charge in Springfield?

Call W. Scott Hanken at (217) 544-4057 or contact us online for a free consultation. We serve clients throughout Springfield, Sangamon County, and Central Illinois.

About the Author: W. Scott Hanken, Attorney at Law

Scott Hanken is a Springfield, Illinois criminal defense attorney with over 37 years of experience, including service as a former Sangamon County prosecutor. He has been voted Best Attorney by the Illinois Times and State Journal-Register, holds an Avvo 10.0 “Superb” rating, and has earned over 270 five-star Google reviews. He serves clients throughout Sangamon County and Central Illinois.

📍 1100 S 5th St, Springfield, IL 62703 | ☎ (217) 544-4057 | 🌐 hankenlaw.com

This article is for general educational purposes only and does not constitute legal advice. Every case is unique — contact an experienced Springfield criminal defense attorney for guidance on your specific situation.