What Constitutes a Felony DUI in Illinois, and What Are the Potential Consequences of a Conviction?

 Posted on December 20,2018 in DUI

While the courts tend to be fairly lenient on first- and even second-time DUI offenders, typically classifying them as misdemeanors and offering the defendant the option of court supervision, fines, and community service in lieu of jail or prison time, they are not so understanding toward repeat offenders. Drivers who commit a serious crime while intoxicated, such as killing someone in a hit-and-run accident or driving with a minor child in the car, may also face heightened penalties in court. These situations, and others, are examples of situations that may lead to a felony DUI in the state of Illinois.

What Constitutes a Felony DUI in Illinois?

In the state of Illinois, a third or subsequent DUI is considered a felony - and the more DUIs you have, the more severe the penalties typically are. For example, a third or fourth offense DUI typically results in a Class 2 felony charge, while a fifth DUI is generally classified as a Class 1 felony. The latter typically results in heftier penalties for those who are convicted of their charges. Other situations that may lead to a felony DUI include:

• DUIs committed in school zones while the speed limit is restricted;
• DUIs that reseal in great bodily harm, or permanent disability or disfigurement;
• DUIs committed without a valid driver's license, insurance, or registration;
• DUIs that result in the death of another person;
• Second (or subsequent) DUI committed while transporting a child under the age of 16;
• DUIs committed while driving on a suspended or revoked license;
• DUIs that occur after a reckless homicide conviction; and
• DUIs committed after a conviction for aggravated DUI involving the death of another person.

Examining the Potential Consequences of a Felony DUI Conviction 

While the penalties of a felony DUI conviction will vary, depending upon the exact circumstances of each case, individuals can be almost certain that there will be jail time involved. In fact, the courts will generally impose a sentence of 3 to 7 years of prison time for a third DUI conviction - potentially even longer if there are aggravating factors in the case (i.e. driving a school bus, driving with a minor in the vehicle, causing death or severe bodily harm to another person while committing a DUI, etc.). By the time a person reaches their sixth or seventh DUI, they could be looking at up to 30 years in prison - if not more.

Our Joliet DUI Defense Lawyers Provide Aggressive Legal Defense 

When you are facing the possibility of a felony and the resulting consequence of jail time, you need an aggressive DUI defense lawyer to work in your favor. Skilled and experienced, the Law Offices of Tedone and Morton, P.C. offer the personalized, solutions-based services that you need. Schedule a free consultation with our Plainfield DUI defense attorneys by calling 815-733-5350.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf