You are probably aware that Driving Under the Influence of Alcohol (DUI) is a crime in Illinois and can affect your driving privileges. However, you may not know that a DUI can actually be a felony under certain circumstances. The statute defines the crime as “aggravated” DUI and, as compared to a misdemeanor, the fines are higher, the jail sentence may be longer, and your driver’s license can be suspended for an extended period of time. You should discuss your case with a knowledgeable DUI defense lawyer if you were arrested for felony DUI. The following overview may be helpful, as well.
Three or More DUIs
Most people never get more than one DUI, but some people were not as well behaved in their youth as others. Now you’re all grown up and have a family and a business. If you are arrested a third time on drunk driving charges, the offense is a Class 2 felony punishable by up to seven years in jail and a fine of $2,500. Probation may be available for a third-time offense. For a fourth DUI conviction, the crime is also a Class 2 felony, but probation is not available. A person who is convicted for drunk driving a fifth time faces Class 1 felony charges carrying penalties of 4-15 years in the Illinois State penitentiary. You could face a minimum of four years in prison, which could be extended up to 30 years by a judge.
DUI Accident with Great Bodily Harm
A common phrase among people charged with a DUI is, “I didn’t think it could happen to me.” Even if you have never been arrested for drunk driving in the past, you face Class 4 felony charges if you are in an accident and someone other than you is injured. Your sentence for a conviction could be up to three years in prison, though your punishment may be extended up to six years based upon your prior history. Plus, you could be sued for damages in a civil lawsuit.
Aggravated DUI Manslaughter
If you are involved in an accident that results in a fatality, you will be charged with a Class 2 felony with slightly different sentencing. Absent special circumstances upon a conviction, you will be sentenced to at least three and up to 14 years in prison if one person is killed, and your sentence may be six to 28 years if more than one victim died in the crash. Note that for purposes of DUI manslaughter, an unborn child is taken into account. Again, there is the potential for a civil lawsuit if the family of the victim decides to sue you in a wrongful death claim.
DUI in a School Zone
Driving drunk is never acceptable, but if you cause a drunk driving accident in a school zone on a school day when children are present, the crime is a Class 4 felony. In this situation, you can still be arrested for DUI even if the harm to the victim is less than great bodily injury.
Consult with an Illinois DUI Defense Attorney Right Away
If you are facing felony drunk driving charges, it is critical to retain an experienced DUI defense lawyer. It may be possible to avoid prison time or reduce the offense to a misdemeanor, which carries less severe penalties. To schedule a consultation regarding felony DUIs, please contact Glasgow & Olsson by calling at 847.577.8700 or visiting our website. We handle DUI cases for Illinois residents throughout Cook, Lake, DuPage, and McHenry Counties.
(image courtesy of Phil Desforges)