Background
German Cruz Aguilar’s unexpired Illinois driver’s license was suspended in December 2020 because he failed to comply with an SR-22 financial-responsibility insurance requirement. The State alleged that he drove under the influence of alcohol in April 2021 and charged him with aggravated DUI under section 11-501(d)(1)(H) of the Illinois Vehicle Code, which applies when a person commits DUI while not possessing a driver’s license or specified permit.
The circuit court dismissed the aggravated DUI counts for failure to state an offense, reasoning that Aguilar possessed an issued, unexpired license even though his right to use it was suspended. The appellate court affirmed, concluding that subsection (H) does not cover suspensions for reasons omitted from subsection (G), which separately identifies particular suspensions and revocations that elevate DUI to aggravated DUI.
The Court’s Holding
The Illinois Supreme Court held that subsection (H) applies to people who never acquired a driver’s license or one of the permits listed in that provision. It does not operate as a catchall covering every person whose otherwise issued, unexpired license has been temporarily suspended. Reading it that broadly would make subsection (G)’s specific list of qualifying suspensions and revocations superfluous.
Because an SR-22 insurance suspension is not among the suspension-based circumstances enumerated in subsection (G), the State failed to allege aggravated DUI under subsection (H). The court overruled People v. Rosenbalm to the extent it treated a suspended or revoked license as necessarily meaning that the driver did not “possess” a license under subsection (H).
The court nevertheless modified the circuit court’s judgment so that the dismissal was without prejudice. A dismissal for failure to state an offense under section 114-1(a)(8) concerns the charging instrument rather than the merits, and section 114-1(e) permits the State to file a new charge after such a dismissal.
Key Takeaways
- An unexpired Illinois driver’s license does not become unpossessed for purposes of section 11-501(d)(1)(H) merely because the holder’s driving privileges are suspended.
- A suspension supports aggravated DUI under subsection (G) only when it is based on one of that subsection’s enumerated grounds; an SR-22 insurance suspension is not included.
- A dismissal for failure to state an offense under section 114-1(a)(8) must be without prejudice because Illinois law permits a new indictment or charge.
Why It Matters
The decision narrows the circumstances in which Illinois prosecutors may use license status to elevate misdemeanor DUI to a felony. Subsection (H) targets drivers who never acquired a qualifying license or permit, while suspension- and revocation-based aggravated DUI charges must fit subsection (G)’s specified grounds.
The ruling also clarifies that courts may not use subsection (H) to fill perceived gaps in subsection (G), even if broader felony liability might appear desirable as a policy matter. Any expansion of the listed suspension grounds is for the General Assembly.