by Anisa JordanMay 17, 2022 Criminal Defense, DUI, Traffic Ticket, Traffic Tickets0 comments

Is A DUI A Felony in Illinois?

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 21, 2021 DUI, Traffic Tickets, Uncategorized0 comments

Can I Fight a DUI Without a Lawyer?

“Can I fight a DUI without a lawyer?” DUI legal practitioner Anisa Jordan is asked this question often. The answer is always the same; “Yes, you can. Should you? Probably not.” DUI law is a complex area of the law. However, if you choose to try it alone, the four steps discussed in this post will help you get started.

Can I Fight A DUI Without A Lawyer: The Very Basics

If you are brave enough to do this on your own, you need to understand three things. First, it is important to understand that a DUI ticket is NOT a basic traffic ticket. A DUI in Illinois is a criminal offense. This means that if found guilty, you could spend time in the county jail or the Illinois Department of Corrections.

Secondly, and this can be a bit confusing, you will usually have to fight two related, but separate issues in your DUI case. First, you may want to challenge the suspension or revocation of your license. Secondly, you have to fight the criminal charge of DUI. It is extremely important that you understand this distinction.

Thirdly, be sure to know the local rules of the court where you will fight your DUI. While all counties have to follow Illinois law, each county can make its own rules about how DUIs are handled procedurally. If you have a very good understanding of these basic points, then move on to the next steps below.

Step 1: Read the DUI Law for Illinois

DUI Law in IL

The first thing you absolutely must do is read the law on DUI for Illinois. The bulk of the law can be found at 625 ILCS 5/11-501(a). This is where you will learn about the different types of DUI in Illinois. While most people only think of alcohol DUIs, you can also have a charge of DUI based on driving while under the influence of drugs like marijuana. Under this section, you will also learn the possible jail sentence for your case and if it is a felony or misdemeanor DUI.

Step 2: Read Statutory Summary Suspension Law

In Illinois, if you get a DUI your license will be suspended or revoked depending on several factors. For example, if this is your first DUI and you blow into the breathalyzer, your license will be suspended for a minimum of six months. This suspension is called a statutory summary suspension. However, you can fight the suspension and possibly get your license back. Fighting the suspension of your driver’s license without a lawyer will be challenging. You can find most of the law about statutory summary suspension at 625 ILCS 5/11-501.1.

Special Note: Notice of Summary Suspension

The officer is required to give you what is called a “Notice of Summary Suspension.” This notice will give you information regarding how long your driver’s license will be suspended/revoked as well as some other important details. You can see a sample of this notice here. On the 46th day after you receive this notice, your suspension or revocation should start. Official notice of your suspension/revocation start date will come to you by mail. NOTE: Make sure your address is up to date with the Secretary of State. This is definitely an area you want to focus on. An issue with the notice could result in you getting your license back on a technicality.

Step 3: File Your Petition To Request A Hearing On Your Suspension/Revocation

This is a big one! You want to learn about how you can fight against the Statutory Summary Suspension of your driver’s license. The area of law you want to focus on can be found at 625 ILCS 5/2-118.1. You have 90 days from the date of notice that your license is going to be suspended to file what is called a Petition to Rescind a Statutory Summary Suspension. You can find a sample of what the petition looks like in Cook county here. Each county’s petition may look a bit different than our example, but the main checkboxes should be the same.

Special Note: What Should You Say In Your Petition?

As you can see in the sample petition, there are five things you can argue to fight the suspension of your driver’s license. You are able to pick as many boxes that you think apply to your situation. PRO TIP: As a matter of practice, Attorney Jordan marks all five boxes. Why? If it is early in the case, Anisa may not have all the evidence when she files the petition to rescind statutory summary suspension on behalf of her client. You are required to give notice to the prosecutor. By checking all the boxes the prosecutor is notified that you may be challenging all grounds listed in the petition. It is always possible to ask the judge before the hearing to remove any boxes you do not need.

When you file your petition to rescind, you must give notice to the prosecutor that you have filed it. It is important that you follow the rules on how to give notice to the prosecutor. You can find those rules here.

Once you file the notice, the state has 30 days or the first court date to give you a hearing. If the prosecution does not give you the hearing within this time period, a judge may grant your petition.

Step 4: Prepare Documents

Documents for DUI

There are several documents you will need to prepare and file to represent yourself in a DUI. For example, in every DUI case, you must file an appearance. You can find an example of a Cook County appearance here. The appearance will include the name of your case, the case number, and your contact information. The other big thing you will need to prepare is a Motion for Discovery. A motion for discovery is a fancy way of saying, “Hey, prosecution, give me a copy of all the evidence you have that you plan to use in this case.” In your motion for discovery, you outline what specific information you are asking for.

What you ask for in your motion for discovery will vary depending on the facts of your case. Nevertheless, take a look at this sample for some guidance. Some other documents you may need to prepare and file include subpoenas, preservation orders, or answers to discovery.

Conclusion: Can You Fight A DUI Without A Lawyer?

Can you fight a DUI without a lawyer? Yes, you can. However, for most people, it is probably not a good idea. This post is a good starting point if you decide to do things on your own. However, it should be noted that the things discussed in this post are a high-level view of DUI defense.

In addition, there are a number of other things that you must consider. What county is your DUI located in? Is this your first or second DUI? What has the Illinois Supreme Court said about a particular issue in your case? For the average person who is not a local lawyer handling DUI cases, it will be quite a challenge to fight your DUI without an experienced DUI legal practitioner by your side. You should, at the very least, contact a DUI legal practitioner for a free consultation to discuss the facts of your case.

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