Aurora man arrested, charged with DUI with 3 kids in car

An Aurora man has been charged with driving drunk and spitting on a police officer while his three kids were in his car.

Waldemar Montalvo, Jr., 40, of the 200 block of North Elmwood Drive, is charged with two counts of aggravated DUI and aggravated assault of a police officer after his arrest late Friday after a crash in North Aurora, according to prosecutors and Kane County court records.

Just before midnight Friday, Montalvo crashed his Chevrolet Malibu on Miller Drive in Aurora, prosecutors said. Montalvo showed signs of alcohol impairment and become combative, spitting on officers several times and claiming to be infected with the COVID-19 virus, prosecutors said.

Montalvo's driver's license was suspended from a previous DUI offense, prosecutors said. Montalvo's bail was set at $50,000 on Saturday, but a judge released Montalvo on his own recognizance.

He is next due in court on May 7 and faces a sentence ranging from probation to up to seven years in prison if convicted.