Most DUI offenses in the state of Illinois are misdemeanors, although sometimes, a DUI can be a felony offense. When a DUI is a felony offense, the penalties are much more serious. If you have been charged with a felony DUI offense in Illinois, working with an experienced felony DUI attorney is an absolute must. At the offices of Tuite Law, our experienced lawyers will help you to understand the charges that you are facing, as well as options you have for avoiding the harshest of consequences.
Types of Felony DUIs in Illinois
There are five classes of felony DUIs in Illinois, as explained in the 2017 DUI Fact Book published by the Illinois Secretary of State. These include Class 4, 3, 2, 1, and X felony charges. The details of these charges and the penalties related to these charges are listed below:
- Class 4 felony. A class 4 felony is charged when a defendant commits an aggravated DUI involving injury.
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- Imprisonment of one to two years possible;
- Fine of up to $25,000.
- Class 3 felony. A person is charged with a Class 3 felony DUI when they have a previous conviction for reckless homicide with a DUI or an aggravated DUI involving a death.
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- Imprisonment of two to five years;
- Fine of up to $25,000.
- Class 2 felony. A person may be convicted of a Class 2 felony when convicted of a DUI while transporting a child under the age of 16 and involved in a crash that results in injury to the child, or when receiving a third or subsequent DUI charge, or when involved in a DUI crash resulting in death.
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- Imprisonment of three to 28 years (depending upon whether or not the crash results in death, and if so, how many people died);
- Fine of up to $25,000.
- Class 1 felony. Class 1 felony DUI charges are assessed when the defendant is on their third or subsequent DUI conviction and the original suspension or revocation of license was for a reckless homicide, DUI, refusing chemical tests, or leaving the scene of an accident that results in death or injury. A fifth conviction DUI is also a Class 1 felony.
- Imprisonment of four to 15 years;
- Fine of up to $25,000.
- Class X felony. When a person is charged with a sixth or subsequent DUI offense, they have committed a Class X felony. A person who commits a Class X felony will face a revocation of their driving privileges for life, and may also face:
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- Imprisonment of up to 30 years; and
- Fine of up to $25,000.
Keep in mind that the descriptions above are not exhaustive; a person may be charged with a felony DUI if the DUI is committed without a valid driver’s license, while driving a vehicle for hire with a passenger, while driving a commercial vehicle or bus, while driving in a school zone, etc.
Beating Felony DUI Charges
If you are charged with a felony DUI, you have the right to defend yourself against the charges. You may be able to have charges against you reduced or dropped entirely, or may be able to negotiate a plea bargain with the prosecution. If the evidence against you is weak, securing a conviction of “not guilty” is possible, too.
That being said, beating felony DUI charges isn’t easy, and requires knowledge of the law, of the prosecution’s strategy, understanding your options, and reviewing the evidence against you. Because a conviction is almost always imminent if you do not have an attorney working with you, hiring an Illinois DUI attorney is a must.
Contact the Office of Tuite Law Today to Learn More About DUI Felonies in Illinois
There is no reason to not hire an attorney if you are facing DUI charges in Illinois, whether these charges are misdemeanor or felony charges. If you do not work with an attorney, you increase the odds of being convicted and facing penalties like license revocation, large fines and fees, and even incarceration time. Having a DUI on a record can also make it harder for you to obtain certain employment types, and could even affect your ability to secure housing. If you are divorced and have a child, a DUI can also affect a custody arrangement.
When you call our law office, we will work hard on your behalf. We understand the serious nature of DUI charges and treat your case with the level of thoughtfulness it deserves. Your case strategy is customized and personalized, and our law firm is available to answer any questions you have throughout the criminal process. When you call us, you are our top priority.
