u/Capytaru

Hi all. I'm writing a novel with the following scenario:

A man has a 2nd DUI in about five years, with property damage to a tree or streetlamp in the city, totaling his car, injuring no one (minor injuries to self), BAC of .15%. Taking place in Chicago, IL in a more residential area of the city, very late at night. Complies fully with probation, any substance abuse treatment, etc.

My main question is could a prosecutor reasonably try to elevate it to an aggravated/felony DUI? I want the prosecutor in my story to attempt that but ultimately fail. One idea I have is to have the defendant speeding or possibly for police to claim he was fleeing from them.

Thanks for the help (: