If you are facing a felony DUI charge, you are also facing some serious consequences if you’re convicted. Felony DUI charges carry far more severe penalties than misdemeanor DUI charges. The elevation of a DUI charge to a felony will depend largely on the nature of the incident. If you are facing a felony DUI in Illinois, you need the assistance of experienced Chicago DUI attorney Fred Dry.
Some of the factors that can elevate a DUI to a felony include:
- Elevated blood alcohol level – The legal limit for BAC in Illinois is 0.08% for drivers over the age of 21 and 0% for minors. If a driver’s BAC is around 0.16% or greater, it can be considered an aggravated DUI and the charge can be elevated to a felony.
- No valid driver’s license – If the person found driving under the influence does not have a valid driver’s license, then he or she can be facing steeper charges because the driver should not have been driving at all.
- Multiple DUI convictions – If the person driving under the influence has two or more previous DUI convictions, any subsequent charges will be considered felonies.
- Children – If there were children under the age of 16 in the car with a drunk driver, the charges will be elevated, or become the basis for mandatory jail time.
- Death or Great Bodily Injury – If the DUI results in a death or causes great bodily injury to another, then the charges can be elevated to a felony.
Penalties for Felony DUI
The penalties for a felony DUI include heavy fines, lengthy prison sentences, and the loss of your driver’s license for multiple years. In addition, any second and subsequent DUI convictions will result in an ignition interlock device being installed in your car. A third drunk driving conviction in Illinois is considered a Class 2 felony. It can be punishable by 3-7 years incarceration, a fine of up to $2,500, and a minimum 10 year license suspension.
Penalties get even worse if there are aggravating circumstances involved. For instance, a third DUI conviction is already a Class 2 felony. However, if the driver was carrying a passenger under the age of 16, in addition to any penalties already imposed, the driver will face a mandatory fine of $25,000, 25 days of community service, and 3 – 7 years in prison. For more information regarding felony DUI charges, speak with an experienced DUI attorney.
Chicago Felony DUI Attorney
DUI charges in Illinois are harsh. If you are facing felony DUI charges, you need an attorney. Hire a lawyer with more than 35 years of experience. Attorney Dry will investigate your case to determine whether all police procedures were conducted according to the law. If your rights were violated at any point, he will move to suppress the evidence against you.