Chicago, IL asked in DUI / DWI for Illinois

Q: Got a dui in Illinois it got upgrade to an aggravated dui case got dropped (dismissed ) but the state pick it

Back up 6 months later ..I Been fighting this case going on 3 years now what can I do

My case is in Illinois but I live in Gary Indiana. ...

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1 Lawyer Answer
Brian Polinske
Brian Polinske
  • DUI & DWI Lawyer
  • Edwardsville, IL
  • Licensed in Illinois

A: I am assuming you mean the misdemeanor version was dismissed and the charge was enhanced to a felony aggravated DUI. If this is correct this commonly occurs. Typically an arresting officer will charge the misdemeanor DUI version via a citation. The State's Attorney then reviews the case. If the prosecutor believes that a felony enhancement is warranted they can amend the charge within the statutory period to a felony. The statute of limitations is 3 years in Illinois. There are multiple reasons that a DUI can be enhanced. The most common reasons are that there are 2 prior occurrences or the DUI occurred during a DUI based suspension.

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