
If you are pulled over and have a blood alcohol level of .08 or higher, you could be charged with a DUI. Though most DUIs are classified as Class A misdemeanors and come with a maximum of one year in jail and a maximum fine of $2500, there are instances where a DUI may be a felony.
When is a DUI a Felony in Illinois?
The first time you are convicted of a DUI, it is considered a misdemeanor. The second DUI conviction within 20 years is still considered a misdemeanor, but it carries tough penalties that include a 5-year loss of full driving privileges, 5 days in jail or 240 hours of community service, along with additional possible jail time and a maximum fine of $2,500. A third DUI becomes a Class 2 felony.
Class 2 Felony
There are a few additional instances in which a DUI becomes a Class 2 Felony:
- If this is your second or subsequent DUI and you were transporting a child under the age of 16.
- If you are driving a vehicle while transporting a child under 16 and they were injured as a result of a crash while you were driving under the influence, even if it is your first DUI.
If you are facing a DUI charge and need a defense attorney, contact us at O’Dekirk, Allred & Associates in Joliet. We have lawyers who can help you face this difficult legal challenge.
Class 4 Felony
There are instances when an Aggravated DUI is considered a Class 4 felony. Class 4 felonies can carry a sentence of up to 7 years in prison and a fine of up to $25,000. Here are some of the instances in which state law allows for charging someone with a Class 4 felony:
- If a person commits a DUI with any passengers under the age of 14 or while driving a school bus.
- If a person was driving a vehicle for hire with any passengers when committing a DUI offense.
- If a DUI results in permanent disability, disfigurement, or bodily harm. Additionally, your license could be revoked for 2 years.
- If a person is driving under the influence without a valid driver’s license, including suspended or revoked licenses, or without vehicle liability insurance.
There are additional instances where a driver can be charged with a Class 4 felony as well as times where higher-class felony charges are permitted. Higher-class felony charges include longer sentences and severe long-term penalties.
Is a DUI a felony in Illinois? It absolutely can be – and come with harsh penalties. If you or someone you know is facing a possible felony conviction for a DUI, contact us at O’Dekirk, Allred & Associates in Joliet for a consultation to determine your best course of action.
