Is DUI a Felony in Illinois?

Illinois takes DUI charges seriously. The state imposes stiff penalties for those caught driving under the influence of drugs, alcohol, or other intoxicating substances. Even first-time offenders can face fines of up to $2,500 and have their license revoked for a year if convicted. Under certain circumstances, a DUI could turn into a felony charge. A felony DUI, also known as an aggravated DUI, is a much more serious charge. An aggravated DUI charge could mean big fines and prison time.

If you’ve been charged with a DUI in Illinois, it’s important to understand what kind of charge you are facing and the potential consequences of it if you are found guilty. It’s also important to understand why you’ll want the help of an experienced Illinois DUI defense attorney.

In this post, you’ll learn:

The different types of DUI charges and when it becomes a felony
How a felony DUI could impact your future
How to protect yourself when being charged with a DUI

What Are the Possible DUI Charges in Illinois?

A male driver pulled over by a police car

DUI charge in Illinois

In Illinois, a DUI charge can either be a misdemeanor or a felony crime. Which one you are charged with will depend on the circumstances of your case. In most cases, people arrested for DUI in Illinois are charged with a misdemeanor. First-time misdemeanor DUI convictions may result in fines of up to $2500.00 and up to 364 days in jail. You may face harsher penalties if you’ve been convicted of a DUI in the past or if your blood alcohol limit (BAC) is .16%, twice the legal limit of .08%.

While misdemeanor charges are less serious than felony ones, they can still have a massive impact on your life. A misdemeanor DUI can result in increased insurance rates and the loss of job opportunities and scholarships. They may also cause you to have your license revoked for a period of time. The fines and fees associated with the charge will quickly add up, too.

Examples of When A DUI Is A Felony In Illinois

However, it’s possible for a DUI to become a felony charge under certain circumstances. Some examples of when a DUI is a felony in Illinois include:

You had a passenger under the age of 16 with you when arrested for the DUI and this is your offense
This is your third offense
Driving while impaired resulted in someone’s death or great bodily harm to another person
You drove without a valid driver’s license or with a suspended or revoked license if the revocation or suspension is based on a previous DUI charge
You were operating a commercial vehicle, school bus, or hired vehicle (such as a taxi or an Uber) when you have a passenger that you are transporting

Having a DUI that is classified as a felony means you may face up to $25,000 in fines and up to several years in prison, depending on the class of felony. The type of felony will depend on the circumstances of your case. For example, you may be charged with a Class 2 felony if you put a minor in danger, such as driving under the influence with a child under the age of 16 in the vehicle. It may be a Class X felony if this is your sixth DUI offense. You can check out this blog to see how much prison time each class carries.

Impaired driving that results in death is the most serious charge. This is DUI manslaughter, also known as vehicular homicide. This charge can carry up to several years in prison.

There are a variety of potential charges that can come from a DUI arrest, it’s important to speak to an experienced DUI defense attorney. They can help you understand your charges and the potential impact they may have on your future.

What Impact Could a DUI Felony Charge Have in the Future?

Not only do felony DUI charges come with bigger fines and longer jail sentences, but they can also have a big impact on your future, too. After serving the initial prison sentence, you will probably have a lengthy parole period. You will also likely need to complete drug and alcohol classes, which may interfere with your work schedule or time with your family. Not only do you have to pay for those classes, but you’ll also have to go through an expensive and lengthy administrative hearing process with the Illinois Secretary of State to try and get your driving privileges restored.

The problems won’t stop there, either. A felony DUI conviction can cause problems for you for the rest of your life. Once you have a felony charge on your record, it may affect:

Your right to own a firearm
Your ability to apply for and receive certain state and federal benefits
Your ability to get a job
Where you can live
Custody arrangements for your children
Your right to vote
Issues with immigration

It’s important to aggressively fight an aggravated DUI charge. Fighting the charges with the help of an experienced DUI defense attorney, you have the best possible chance of reducing those charges/sentences or beating the charges. You may end up paying less in fines, serving less jail time, and protecting your rights to future benefits, employment, and housing opportunities.

What to Do When You Are Arrested and Charged With a DUI In Illinois

A man is arrested with handcuffs behind his back.

Incarcerated for DUI

Because of the impact, a DUI charge can have on your life, whether it’s a misdemeanor or a felony, you need to fight the charges with the help of an experienced DUI attorney. They can help you navigate the complicated and often overwhelming legal process that comes with a DUI charge. Building a strong defense that refutes the evidence presented by the police can help you move past this difficult time in your life and start moving forward.

If you’ve been charged with a DUI in Illinois, contact experienced DUI defense lawyer Anisa Jordan. As a former prosecutor, she understands how the other side thinks and knows what strategies they use to build a case against you. With that knowledge, she can strategically craft a defense that will help you achieve the best possible outcome.

by Anisa JordanFebruary 16, 2021 Traffic Ticket, Traffic Tickets0 comments

Texting While Driving: Illinois Law

What it means to text and drive. Did you receive a ticket for texting while driving? How serious is it? Will your insurance premiums go up? Will your license be suspended? Isn’t it a simple traffic ticket? Sometimes, yes. Other times, you could face jail time. Do you want to know more? Watch this video that gives a two-minute summary version of this post. Or, keep reading for a more detailed explanation.

Electronic Communication Devices

While “texting while driving” is the most common ticket that people get, technically, Illinois does not have a specific “texting while driving” law. The subject of texting while driving is actually part of the “Electronic Communication Devices” law under 625 ILCS 5/12-610.2. Under this law, you cannot drive a car or other motor vehicle (i.e. motorcycle) on the road while using an electronic communication device. A cell phone, among other things that will be discussed in a later post, is considered an electronic communication device.

Texting While Driving: Fines and Court Costs

In Illinois, a ticket for texting while driving can end up costing you hundreds of dollars. If this is your first offense, and if there are no other aggravating factors which we will discuss later, the law requires that you pay a fine. How much will your fine be? The amount of your fine depends on whether this is your first time getting a driving while texting ticket.

FIRST TICKET: MAX Fine = $75.00

SECOND TICKET: MAX Fine = $100.00

THIRD TICKET: MAX Fine = $125.00

FOURTH TICKET (OR MORE): MAX Fine = $150.00

It is important to note that these are only the max fines for texting while driving tickets. In addition to the fine, courts typically add mandatory court costs. All of this can really add up to hundreds of dollars.

Texting While Driving: Jail Time

In addition to court costs and fines, texting while driving can lead to more serious consequences. Under 625 ILCS ILCS 5/12-610.2(b-5), there are two situations that could land you in jail:

If you are texting on your phone and get into a car accident that causes someone to be severely injured, permanently disabled, or disfigured, you could face 364 days in the county jail.

2. If you cause an accident because you were texting and someone dies because of the accident, you face a felony conviction that has a max sentence of 3 years in the Illinois Department of Corrections.

Besides the jail time in the last situation, there are two other things worth mentioning. You will be required to pay a minimum fine of $1000.00 dollars and your driver’s license will be suspended for twelve (12) months.

Should I Go To Court or Just Pay The Ticket?

Usually, the officer will write on the ticket whether you must go to court or if you can just pay the ticket. If you receive your texting while driving ticket in Arlington Heights, Rolling Meadows, or any other Northwest suburb in Cook County, you will likely have court in the Rolling Meadows Courthouse. If you receive your ticket in Waukegan, Park City, Mundelein, or any other Lake County town you may have court in one of the Lake County branch courthouses. When in doubt as to whether you need to go into court for the ticket, you should contact an attorney.

As you can see, if you get a ticket for texting while driving it can possibly lead to a lot of headaches. High court fines and costs, suspension of your driver’s license, or even jail means you should contact an experienced traffic charges defense lawyer to help you deal with this ticket.

The information in this post is intended for informational purposes only and cannot and should not be construed as legal advice to any party.