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.