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Aggravated DUI costs: the triggers that turn a DUI into a felony
Our felony DUI guide prices the felony line drawn by conviction count. This page prices the other route across that line: the aggravating circumstance — a suspended licence, a child passenger, an interlock order, a wrong-way drive, a crash causing great bodily harm — that reclassifies a single DUI as an aggravated felony in the states whose statutes were verified for this site.
Aggravated is a trigger list, not a higher BAC
Drivers often assume an aggravated DUI means a very high alcohol reading. In the statutes priced on this page it usually does not: high-BAC tiers are separate enhancements covered in our high-BAC guide. An aggravated DUI is an ordinary DUI committed while a listed circumstance is also true. Arizona's list in § 28-1383(A) has five triggers: driving on a suspended, cancelled, revoked or refused licence; a third DUI within 84 months; a passenger under 15 in the vehicle; driving while required to use an ignition interlock; and driving the wrong way on a highway. Illinois builds a longer list in 625 ILCS 5/11-501(d)(1), running from a third or subsequent violation and school-bus driving to crashes causing bodily harm to a child under 16 and second violations committed while transporting a child. New York uses the label differently again: its aggravated DWI in Vehicle and Traffic Law § 1192(2-a) is the one priced aggravated offence on this page that is defined by alcohol concentration alone, at 0.18 or more.
The classification consequences differ by trigger inside a single statute. In Arizona, most aggravated DUIs are class 4 felonies, but the child-passenger trigger is a class 6 felony whose custody exposure tracks the underlying DUI tier instead of the class 4 frame. In Illinois, aggravated DUI is a Class 4 felony except as the statute otherwise provides, and a third violation is a Class 2 felony carrying a mandatory $2,500 fine in the statutory text. A page that quoted one aggravated price per state would flatten exactly the distinctions the statutes draw, so the table below prices trigger by trigger.
The aggravated triggers, state by state
Two cost components recur at this tier and are deliberately not priced in the table. The first is the licence consequence: Arizona revokes for the aggravated tiers in its published summaries, and Illinois revocation follows its own Secretary of State schedule rather than the aggravated statute. The second is programme cost — evaluation, treatment and interlock are ordered at this tier in all three states, and all three are billed by providers, courts or programme operators rather than set as a tariff inside the aggravated-DUI statutes themselves. Both components are real; neither has a published figure inside the sources named on this page, so both are described and left unpriced.
| DUI component | Published amount |
|---|---|
| Arizona — aggravated DUI, most triggers (§ 28-1383(A), (O)) | Class 4 felony; mandatory minimum 4 months in prison before eligibility for probation, pardon, commutation or suspension of sentence in published summaries; licence revocation follows |
| Arizona — aggravated DUI, passenger under 15 (§ 28-1383(A)(3)) | Class 6 felony; custody exposure tracks the minimum term for the underlying DUI, extreme DUI or super extreme DUI tier in published summaries |
| Illinois — aggravated DUI, general tier (625 ILCS 5/11-501(d)(2)(A)) | Class 4 felony except as the statute otherwise provides; the Class 4 frame in published Illinois summaries is 1 to 3 years, with felony fines under the general Illinois felony schedule rather than a figure set inside § 11-501(d) |
| Illinois — aggravated DUI, third violation (625 ILCS 5/11-501(d)) | Class 2 felony; mandatory fine of $2,500 stated in the statutory text, in addition to any other criminal or administrative sanction |
| Illinois — aggravated DUI involving a child under 16 (625 ILCS 5/11-501(c), (d)) | First violation with a child passenger carries a mandatory minimum $1,000 fine and 25 days of community service in a programme benefiting children in published summaries; bodily harm to the child from a crash is an aggravated trigger under subsection (d)(1) |
| New York — aggravated DWI, 0.18 or more (VTL §§ 1192(2-a), 1193) | Fine $1,000–$2,500 on a first offence; revocation of at least 1 year; mandatory interlock — from the New York breakdown verified for this site |
Sources: A.R.S. § 28-1383(A) and (O), as reproduced in published Arizona statute references; 625 ILCS 5/11-501(c)–(d); New York Vehicle and Traffic Law §§ 1192(2-a) and 1193. Last verified: October 2026.
The fine is one line in a longer stack — court costs, program fees, interlock, supervision and reinstatement all bill separately. Price the layers that apply to your case in the calculator.
Open the DUI cost calculatorWhat this tier does not publish as a single figure
No state priced on this page publishes a total cost of an aggravated DUI. Court costs are set by the sentencing court, evaluation and treatment are billed by licensed providers, interlock devices are leased from approved vendors, and supervision is charged by the supervising system where a state charges for it at all — none of those figures appears in the aggravated-DUI statutes named here, so none is estimated. There is also no published figure in any of these states for the effect of an aggravated or felony DUI on car insurance prices, and none appears on this page.
The practical reading of the table is about exposure, not prediction. A driver whose case carries an Arizona class 4 trigger faces a mandatory prison floor that no fine payment removes; a driver facing an Illinois third violation faces a Class 2 felony with a $2,500 mandatory fine stated in the statute itself. Those are different kinds of cost — time that cannot be bought out, and money the court must impose — and this page keeps them in separate rows for that reason. Compare the neighbouring tiers in our felony DUI guide, our child-passenger guide and our high-BAC guide.
Common questions
- What makes a DUI aggravated in Arizona?
- Any of the five § 28-1383(A) triggers: a suspended, cancelled, revoked or refused licence; a third DUI within 84 months; a passenger under 15; driving while under an interlock requirement; or driving the wrong way on a highway.
- Is aggravated DUI always a felony?
- In the states priced here, yes: class 4 or class 6 felonies in Arizona, and Class 4 or Class 2 felonies in Illinois. New York's aggravated DWI is graded under its own Vehicle and Traffic Law ladder.
- What fine does Illinois set for a third-violation aggravated DUI?
- A mandatory $2,500 fine stated in 625 ILCS 5/11-501(d), on a Class 2 felony, in addition to any other criminal or administrative sanction.
Related cost guides: felony DUI costs, DUI with a child passenger costs, high-BAC DUI costs, ignition interlock violation costs.
Sources: A.R.S. § 28-1383; 625 ILCS 5/11-501(c)–(d); New York Vehicle and Traffic Law §§ 1192(2-a) and 1193. Last verified: October 2026. This page is educational information about costs only — not legal advice. Laws and fees change; confirm current figures with your court and your state's driver-licensing agency.