Chicago Criminal Lawyer Blog
Driving under the influence (DUI) is one of the most serious offenses in Illinois, and the penalties for a DUI conviction can be severe. However, when a DUI charge is elevated to a felony level, the consequences become even more significant, potentially including lengthy prison sentences, large fines, and the loss of driving privileges for an extended period. I will now explain what constitutes a felony DUI in Illinois, the legal ramifications of a conviction, and why it is essential to have experienced legal representation if you are facing such charges.
What Is a Felony DUI in Illinois?
In Illinois, a standard DUI is typically charged as a Class A misdemeanor for first or second offenses, which can still carry severe penalties, such as jail time, license suspension, and fines. However, certain aggravating factors can elevate a DUI charge to a felony, which is known as an aggravated DUI under Illinois law (625 ILCS 5/11-501).
A DUI becomes a felony when:
- It is a third or subsequent offense. A third DUI conviction automatically elevates the charge to a Class 2 felony.
- The DUI results in a serious bodily injury or death. If the impaired driving causes an accident leading to another person’s injury or death, the charges are escalated, potentially to a Class 2 or Class 4 felony, depending on the severity.
- A child under the age of 16 is present in the vehicle. Driving under the influence with a minor in the car results in enhanced penalties, including a felony charge if the child is injured.
- The defendant is driving on a revoked or suspended license due to a prior DUI. This situation leads to more severe consequences, as it shows a pattern of disregarding the law.
- The driver lacks a valid driver’s license or insurance. Operating a vehicle while impaired without a valid license or insurance further aggravates the charge.
- The DUI occurred in a school zone while children were present. This situation is seen as particularly dangerous, resulting in a felony charge even for first-time offenders.
Each of these circumstances can result in a felony DUI, which carries more severe consequences than a misdemeanor DUI.
Types of Felony DUIs in Illinois and Their Penalties
Felony DUIs in Illinois fall into different categories, each with its own set of penalties. Understanding these distinctions is crucial if you are facing such a charge.
1. Class 4 Felony DUI: A Class 4 felony is the least severe type of felony DUI in Illinois, but it still carries significant penalties. This level of felony is typically charged for third offenses or cases involving driving on a suspended or revoked license due to a previous DUI.
Penalties include:
- 1 to 3 years in prison
- Fines of up to $25,000
- Suspension or revocation of driving privileges for several years
2. Class 3 Felony DUI: A Class 3 felony DUI is more severe and can result from a DUI that involves aggravating factors such as causing bodily harm to another person or driving with a minor in the vehicle.
Penalties include:
- 2 to 5 years in prison
- Fines of up to $25,000
- Extended suspension of driving privileges
3. Class 2 Felony DUI: A Class 2 felony DUI is often charged in cases involving serious bodily injury or death. Repeat offenders who have multiple prior DUI convictions may also face a Class 2 felony.
Penalties include:
- 3 to 7 years in prison (and potentially up to 14 years if aggravating factors are present, such as multiple victims)
- Fines of up to $25,000
- Permanent revocation of driving privileges in some cases
4. Class X Felony DUI: A Class X felony is the most serious level of DUI in Illinois, typically reserved for cases involving multiple prior DUI convictions and serious injury or death. It is the most severe non-homicide-related felony in Illinois.
Penalties include:
- 6 to 30 years in prison (without the possibility of probation)
- Fines up to $25,000
- Permanent loss of driving privileges
The DUI Arrest Process in Illinois
If you are arrested for a DUI, the process typically begins with a traffic stop. Law enforcement officers may stop you if they suspect impaired driving, which could be indicated by swerving, speeding, or erratic behavior. During the stop, the officer may ask you to perform field sobriety tests or take a breathalyzer test. If your blood alcohol concentration (BAC) is 0.08% or higher, or if you refuse to take the test, you can be arrested for DUI.
After your arrest, you will be taken into custody, where you will be booked and processed. You will also face an automatic statutory summary suspension of your driving privileges if you refuse a chemical test or if you fail the test. The next steps in the legal process include your arraignment, where formal charges are brought against you, and a series of pretrial motions before the case potentially proceeds to trial.
If you are facing felony DUI charges, it is essential to have an experienced defense attorney involved early in the process to protect your rights and begin building a defense strategy.
Defending Against Felony DUI Charges in Illinois
Felony DUI charges are extremely serious, but there are several defense strategies that may be available to help reduce or dismiss the charges.
1. Challenging the Traffic Stop: One of the first things your attorney will examine is whether the officer had probable cause to pull you over. If the stop was illegal, any evidence gathered during the stop may be thrown out, weakening the prosecution’s case.
2. Questioning the Accuracy of Chemical Tests: Breathalyzer and blood tests are not always accurate, and their reliability can be affected by various factors, including improper calibration of the device or the way the test was administered. An experienced attorney can challenge the validity of these tests.
3. Examining Medical Conditions: Certain medical conditions can affect your BAC or mimic the symptoms of impairment. For example, people with diabetes or certain medications may register higher BAC levels or exhibit symptoms of intoxication, even if they were not impaired.
4. Lack of Control Over the Vehicle: To secure a DUI conviction, the prosecution must prove that you were in controlof the vehicle while under the influence. If you were not driving or had safely parked your car, this could serve as a defense.
Consequences Beyond Legal Penalties
A felony DUI conviction in Illinois can have consequences that extend beyond prison time, fines, and loss of driving privileges. The long-term effects of a felony conviction include:
- Permanent criminal record: A felony DUI conviction will stay on your criminal record, which can impact your ability to find employment, secure housing, or obtain professional licenses.
- Higher insurance rates: Auto insurance companies view DUI convictions as high-risk behavior, leading to significantly higher premiums or cancellation of your policy.
- Impact on personal relationships: A felony conviction can strain relationships with family and friends and make it difficult to participate in community or social activities.
- Immigration consequences: For non-U.S. citizens, a felony DUI conviction can lead to deportation or denial of citizenship applications.
Why You Need an Experienced Felony DUI Defense Attorney
If you are facing a felony DUI charge in Illinois, the stakes are incredibly high. Without skilled legal representation, you risk severe penalties that could affect the rest of your life. An experienced felony DUI defense attorney can:
- Challenge the evidence presented by the prosecution.
- Negotiate with prosecutors to reduce the charges or secure a more favorable plea agreement.
- Build a strong defense strategy aimed at securing an acquittal or minimizing penalties.
Your attorney will also ensure that your rights are protected throughout the legal process and that you receive fair treatment in court.
Call Us 24/7 For Your Free Consultation
If you are facing a probation violation in Chicago, the Law Offices of David L. Freidberg can help. We provide aggressive, experienced criminal defense representation and offer 24/7 free consultations. Contact The Law Offices of David L. Freidberg who offers a free consultation 24/7 to discuss your case and help you understand your legal options. Call us today at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients across Cook County, and throughout the Chicago area, including DuPage, Will, and Lake counties. Let us fight for your rights and work towards the best possible outcome for your case.
