Even if no one was injured, certain facts can turn a misdemeanor driving under the influence (DUI) charge into a felony. In Illinois, aggravated DUI carries harsher penalties and long-term consequences. Before you step into a courtroom, contact our Naperville, IL DUI defense lawyer. At Appelman Law LLC, we can help you understand what you are facing and what options may exist.
How Is Aggravated DUI Defined Under Illinois Law?
Under 625 ILCS 5/11-501(d), Illinois law lists specific circumstances that elevate a standard DUI to an aggravated status. Unlike a standard DUI, which is usually a misdemeanor, an…
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Illinois prosecutors may file additional charges when children are present during a traffic stop, drug raid, or alleged drug delivery. These are known as “child-endangerment add-ons” under 720 ILCS 5/12C-5. These add-on charges can quickly transform simple possession into a multi-felony situation with much more serious consequences. Even when a child was not directly involved and was not harmed, Illinois law allows prosecutors to argue that the drug activity placed the child in a “dangerous situation.”
Child endangerment charges carry separate penalties, DCFS involvement, and even the loss of parental rights in some cases. Anyone facing drug allegations in…
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In their zeal to arrest those who are allegedly involved in the illegal drug business, police may sometimes skip a few steps and obtain a search warrant based solely on an anonymous tip. A neighbor may report “suspicious activity,” or, in some cases, the anonymous tip is simply a way to “get back at” someone for a real or imagined slight.
Officers may use these unverified calls to support a search warrant request in drug investigations; however, if there is no corroboration, the warrant may be invalid, and the evidence may be suppressible. Anonymous tips are among the weakest forms…
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While Illinois landlords can face many issues with tenants, fights or violence between tenants can result in a legal double bind – a landlord who acts too slowly risks a negligence claim. At the same time, acting too quickly can risk violating tenant protections. Eviction for criminal or threatening conduct is allowed under the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq) and the Chicago Residential Landlord and Tenant Ordinance (RLTO).
Landlords must follow strict notice, documentation, and due-process requirements. If you are a landlord facing such a situation, it can be highly beneficial to…
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When police officers testify in DUI trials, you will often hear them say that they “smelled alcohol” on the driver’s breath or when they leaned in the open car window to speak to the driver. And, in fact, an officer smelling alcohol gives him or her the necessary probable cause to ask the driver to perform field sobriety tests or take a portable breathalyzer test.
What most drivers may not realize is that in some cases, the “smell” may actually come from a passive alcohol sensor hidden inside the officer’s flashlight or other traffic-stop device. These tools detect alcohol vapor…
Continue Reading "Sniffing" for Alcohol: Are Passive Sensors Legal in Illinois?

When most of us think of drug charges, we generally think of substances like heroin, cocaine, or methamphetamine. However, you can face serious felony charges in Illinois for possessing or selling substances that are not technically listed as illegal but are chemically similar to controlled substances.
Under the Illinois Controlled Substances Analogue Act (720 ILCS 570/401), while these synthetic or “look-alike” drugs are sometimes marketed as safe alternatives, Illinois law criminalizes them as if they were the real thing. This could lead to an unexpected arrest, complex lab testing, and the potential of severe criminal penalties for…
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Confessions presented in court for criminal offenses are often seen as a definitive “smoking gun,” determining guilt beyond a reasonable doubt. After all, who would confess to something they did not do? Unfortunately, false confessions are much more common than you would think, and the state of Illinois has a troubling history of wrongful confessions tied to coerced or false confessions. In fact, the state has learned the hard way – through high-profile exonerations – that psychology can be just as critical as physical evidence.
Forensic psychologists can help jurors understand why an innocent person might confess to a crime…
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The state of Illinois takes gun crimes seriously, but repeat offenders will face even harsher penalties. Under the state’s Armed Habitual Criminal (AHC) statute (720 ILCS 5/24-1.7), those with prior felony convictions can face severe prison sentences just for being caught with a firearm – even when the gun was not used in a violent crime.
While the law is designed to target repeat offenders with serious felony conviction histories, it can be unevenly applied simply for possession of a gun. An AHC conviction carries a mandatory prison sentence with no option for probation.
If you are facing…
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Landlords in Illinois – and across the country – are facing new headaches thanks to the increase in short-term rental platforms like Airbnb and Vrbo. Especially in cities like Chicago, Springfield, and Evanston, the popularity of Airbnbs has exploded. Tenants may view this as an easy way to earn a few extra dollars, perhaps even while they are away on their own vacations.
These tenants may believe that as long as they pay their rent, they can sublet for a few days or a week if they wish. However, unauthorized subletting can potentially expose landlords to legal, safety, and financial…
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Many people think that the responsible choice when they are too impaired to drive is to pull over and “sleep it off.” Unfortunately, in some instances, that decision can result in DUI charges. The law does not just punish people for driving drunk; it also targets those who are considered to be in “actual physical control” of the vehicle while under the influence.
If you are sound asleep in the driver’s seat but your car keys are in the ignition or nearby, the police can interpret this as intent to drive. You must understand your rights in the event…
Continue Reading Asleep at the Wheel, Still Charged: DUI Laws and Parked Cars

Most drivers have experienced frustration behind the wheel, but when that frustration turns into deliberately aggressive behavior, the legal consequences can be serious. In the state of Illinois, road rage is more than just dangerous; it can also result in criminal charges.
What begins as an angry honk or a rude gesture can quickly escalate into reckless driving, assault, or even felony charges. If you are facing road rage-related charges, you must take these charges seriously. An experienced Naperville, Illinois criminal defense lawyer can explain your options and the penalties you could face while building an aggressive defense on…
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In the state of Illinois, landlords are prohibited from evicting a tenant for relatively simple lease violations. To pursue eviction, the tenant must have committed a material breach of the lease. A material breach means the violation was serious and it undermined the core tenets of the rental agreement. But what qualifies as a material breach?
Landlords who have a good understanding of the distinction between a material breach and a simple lease violation can better protect their rights, avoid court delays, and ensure any eviction decision is legally sound. Landlords can stay compliant with the law while remaining…
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Being charged with DUI in Illinois can be overwhelming. In addition to potential criminal penalties, like jail time and steep fines, there are other penalties that can have devastating consequences on your day-to-day life. Having your driver’s license suspended is one of these.
We are a mobile society, and you, like most of us, likely depend heavily on your ability to drive. We drive to work, to school, to take our children to and from school and extracurricular activities, and to run necessary errands. Being required to have a Breath Alcohol Ignition Interlock Device (BAIID) on your vehicle…
Continue Reading Will You Be Forced to Install a BAIID for a First-Time DUI?