Is a DUI in Illinois a Felony?
In the state of Illinois, driving under the influence (DUI) is considered a serious offense, and the penalties can vary depending on the circumstances of the arrest and the offender’s prior record. In most cases, a DUI in Illinois is not a felony, but rather a misdemeanor or an aggravated misdemeanor. However, there are some situations where a DUI can be charged as a felony, which carries more severe consequences.
What is a DUI in Illinois?
In Illinois, a person is considered to be under the influence of alcohol if their blood alcohol concentration (BAC) is.08% or higher. This is measured by a breathalyzer test or a blood test. It is illegal to drive a vehicle while impaired by alcohol or other drugs. A DUI can also be charged if a person refuses to submit to a breath or blood test.
Penalties for a DUI in Illinois
The penalties for a DUI in Illinois vary depending on the following factors:
- First-time offender: A first-time offender with a BAC of.08% to.099% may face a fine of up to $500, and/or up to 36 months of probation. If the BAC is.10% or higher, the fine increases to up to $1,000, and/or up to 48 months of probation.
- Repeat offender: A repeat offender with a BAC of.08% to.099% may face a fine of up to $1,000, and/or up to 36 months of probation. If the BAC is.10% or higher, the fine increases to up to $2,500, and/or up to 48 months of probation.
- Aggravated DUI: An aggravated DUI is charged if the offender has a BAC of.16% or higher, or if they cause serious bodily harm or death to another person. An aggravated DUI is a Class 1 felony, punishable by up to 15 years in prison.
When is a DUI in Illinois a Felony?
A DUI in Illinois can be charged as a felony under the following circumstances:
- Causing serious bodily harm or death: If a person is injured as a result of the DUI, the offender can be charged with a Class 1 felony.
- Refusing to submit to a breath or blood test: If a person refuses to submit to a breath or blood test, they can be charged with a Class 4 felony.
- Having a previous DUI conviction: If a person has a previous DUI conviction, they can be charged with a Class 2 felony for a subsequent offense.
- Driving on a revoked or suspended license: If a person is driving on a revoked or suspended license, they can be charged with a Class 2 felony.
Consequences of a Felony DUI in Illinois
A felony DUI in Illinois carries more severe consequences than a misdemeanor DUI. A Class 1 felony can result in a prison sentence of up to 15 years, as well as fines and court costs. A Class 2 felony can result in a prison sentence of up to 7 years, as well as fines and court costs. A Class 4 felony can result in a prison sentence of up to 3 years, as well as fines and court costs.
Defending a DUI Charge in Illinois
If you have been charged with a DUI in Illinois, it is important to work with an experienced attorney to defend your case. An attorney can help you navigate the legal process, and may be able to:
- Challenge the evidence: An attorney can challenge the evidence against you, including the results of the breath or blood test.
- Raise defenses: An attorney can raise defenses on your behalf, such as the fact that you were not driving, or that you were not under the influence of alcohol.
- Negotiate a plea bargain: An attorney can negotiate a plea bargain on your behalf, which may result in a more lenient sentence.
Conclusion
In conclusion, a DUI in Illinois is not always a felony. Most DUIs are charged as misdemeanors or aggravated misdemeanors, and the penalties vary depending on the circumstances of the arrest and the offender’s prior record. However, there are some situations where a DUI can be charged as a felony, which carries more severe consequences. If you have been charged with a DUI in Illinois, it is important to work with an experienced attorney to defend your case and ensure the best possible outcome.
Table: DUI Penalties in Illinois
| Offense | Fine | Probation | Prison |
|---|---|---|---|
| First-time offender (.08-.099%) | Up to $500 | Up to 36 months | – |
| First-time offender (.10% or higher) | Up to $1,000 | Up to 48 months | – |
| Repeat offender (.08-.099%) | Up to $1,000 | Up to 36 months | – |
| Repeat offender (.10% or higher) | Up to $2,500 | Up to 48 months | – |
| Aggravated DUI | Up to $25,000 | Up to 48 months | Up to 15 years |
Bullets: DUI Consequences
• Loss of driving privileges
• Fines and court costs
• Probation or parole
• Mandatory alcohol education classes
• Installation of an ignition interlock device
• Potential for longer prison sentence if convicted of a subsequent DUI offense
