Driving without a license is a bad idea.  Driving without a license while intoxicated is even worse.  Your DUI can then be upgraded to an aggravated offense and a Class 4 felony if you did not possess a driver’s license or any type of driving permit and you drove while intoxicated.

You can also be convicted of aggravated DUI if you had a license, but that license was suspended or revoked due to a reckless homicide or alcohol-related offense. Besides having a Class 4 felony DUI, you can also be convicted of driving on a suspended license and sentenced to a mandatory 30 days in jail or 300 hours of community service.

If you are charged with aggravated DUI, the state must still prove you guilty of all elements of the offense beyond a reasonable doubt.  If you were driving without a license, the state must prove (1) you had actual physical control of a vehicle, (2) while impaired and (3) you didn’t have a valid license or permit.  If you are charged with DUI while license suspended or revoked, the state must prove (1) you had actual physical control of a vehicle, (2) while impaired and (3) the that your license was suspended or revoked at the time you were stopped.  For driving on a suspended license, the state’s job is pretty simple:  the state need only prove (1) you were driving and (2) your license was suspended or revoked.

Even if arrested for DUI without a license, there may still be hope. An experienced attorney can review your case for your best possible defense.  Did the officer have probable cause to stop you?  If the officer arrived at the scene of an accident, can the state prove you were driving rather than a third party?  Does the video from the arrest show you were impaired or did you drive safely and handle yourself well with officers?  Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)


About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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