Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof:
(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(1) The alcohol concentration in the person’s blood or breath is 0.08 or more
(2) under the influence of alcohol
(3) Under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely
(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving
(5) Under the combined influence of alcohol, other drug or drugs, or Intoxicating compound or compounds to a degree that renders the person incapable of safely driving . 625 ILCS 5/11-501
Felony DUI: First and second-time DUI offenders are usually charged with a class A misdemeanor. However, a third DUI charge in Illinois is a class 2 felony. Also, if you are driving with a passenger under the age of 16 and the passenger is injured due to drinking and driving, you may be charged with a class 4 felony, even if it is your first offense.
You will also be charged with a class 4 felony in Illinois if you are charged with driving with a suspended or revoked license.