Driving under the influence (DUI) is a serious offense in Illinois, and in certain circumstances, it can be elevated to a felony. A felony DUI carries severe penalties, including substantial fines, loss of driving privileges, and even prison time. If you or a loved one is facing a felony DUI charge, it’s crucial to understand the legal consequences, possible defenses, and what steps to take next. Consulting a Felony DUI Lawyer in Illinois can make a significant difference in the outcome of your case.

 

When Does a DUI Become a Felony in Illinois?

 

In Illinois, a standard DUI is typically classified as a misdemeanor. However, several factors can escalate the charge to a felony, also known as an Aggravated DUI. These include:

• Multiple DUI Convictions – A third or subsequent DUI offense is automatically a felony.
• DUI Resulting in Injury or Death – If a DUI leads to serious bodily harm or death, it will be prosecuted as a felony.
• Driving Without a Valid License or Insurance – If the driver is unlicensed, has a suspended license, or lacks valid insurance, the DUI charge can be enhanced.
• DUI With a Minor Passenger – Driving under the influence with a child under 16 in the vehicle may result in felony charges, especially if the child is injured.

Penalties for Felony DUI in Illinois

 

The consequences of a felony DUI conviction depend on the severity of the case. Potential penalties include:

• Class 4 Felony (e.g., third DUI offense) – Up to 3 years in prison and fines up to $25,000.
• Class 3 Felony (DUI with a suspended/revoked license) – 2-5 years in prison and fines up to $25,000.
• Class 2 Felony (DUI causing serious injury) – 3-7 years in prison (or more if aggravated circumstances apply).
• Class X Felony (DUI resulting in death) – 6-30 years in prison, depending on the number of fatalities.

In addition to incarceration and fines, a felony DUI conviction can lead to long-term consequences, such as:

• Permanent revocation of driving privileges
• Installation of an ignition interlock device
• Probation or mandatory community service
• Difficulty securing employment or housing due to a criminal record

Potential Defenses Against Felony DUI Charges

 

While a felony DUI charge is serious, there are legal defenses that an experienced Felony DUI Lawyer in Illinois may use to challenge the prosecution’s case. Common defenses include:

• Improper Traffic Stop – If law enforcement lacked probable cause to stop the vehicle, the case may be dismissed.
• Faulty Breathalyzer or Blood Test Results – Inaccurate test results due to improper calibration or administration can be challenged.
• Violation of Constitutional Rights – If evidence was obtained unlawfully, it may be suppressed.
• Medical Conditions or Prescription Medications – Certain conditions or medications can mimic impairment, leading to wrongful charges.

What to Do If You Are Charged with a Felony DUI

 

If you are facing a felony DUI charge, taking immediate action is crucial to protect your rights. Here’s what you should do:

1. Remain Silent – Do not answer police questions beyond providing identification. Anything you say can be used against you.
2. Hire a Skilled DUI Attorney – A knowledgeable Felony DUI Lawyer in Illinois can evaluate your case, build a strong defense, and negotiate for reduced penalties.
3. Attend All Court Hearings – Failing to appear can lead to additional charges or a warrant for your arrest.
4. Follow Legal Advice – Your attorney will guide you on steps to strengthen your defense, such as attending alcohol education programs or complying with court orders.

Contact Hortsman and Campanelli Attorneys at Law for Experienced DUI Defense

 

Facing a felony DUI charge can be overwhelming, but you don’t have to go through it alone. The experienced attorneys at Hortsman and Campanelli specialize in defending individuals accused of DUI offenses in Illinois. We will fight for your rights, explore all possible defenses, and work towards the best possible outcome for your case.