When Does DUI Become a Felony in Illinois?

 Posted on June 08,2023 in DUI

IL DUI lawyerDriving under the influence (DUI) is an offense that is not taken lightly in Illinois, as a conviction can result in grave legal consequences, such as fines and jail time. Usually, a first or second DUI offense is considered a misdemeanor, but there are circumstances under which they can be escalated to a felony. Therefore, it is crucial to be aware of these circumstances to make informed decisions if you are facing DUI charges. If you have found yourself in this situation, contact a criminal defense attorney right away, as failing to do so may increase the chance of a negative case outcome.

Everything You Need to Know About Felony DUI in Illinois

The most common way in which DUIs become felonies in Illinois is by being classified as aggravated DUIs. Several factors can lead to a DUI being charged as aggravated, including:

  • Previous DUI convictions – In most cases, if you have more than two prior DUI convictions on your record, any subsequent DUIs may be charged as felonies.
  • Severe injury or death – If you cause serious injury or death while driving under the influence, your charge may be elevated to a class 2 felony. This is a very serious offense that carries significant jail time and fines.
  • Passenger under 16 – In this situation, you will likely be charged with an aggravated DUI.

What Are the Penalties for Felony DUI?

The penalties for aggravated DUI in Illinois are severe. For example, a class 2 felony carries with it between three and seven years in prison with fines up to $25,000 and a driver’s license suspension for 10 years. Additionally, you may be required to attend drug and alcohol counseling and perform community service.

It is important to note that even if your DUI is not charged as a felony, the penalties for a first-time DUI are still severe, considering that a conviction on such a charge will likely result in up to a year in jail and a fine of $2,500, as well as a one-year license suspension.

Contact an Arlington Heights Felony DUI Attorney

Facing aggravated DUI charges, you cannot hire just any criminal defense attorney. Facing serious charges, you will need to hire the best of the best. For legal representation in your case, contact the esteemed Rolling Meadows felony DUI lawyer with Scott F. Anderson, Attorney at Law. Call 847-253-3400 for a free consultation.


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