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When is a DUI a Felony Offense in DuPage County?

 Posted on August 11, 2022 in DUI

Wheaton DUI Defense LawyerDrunk driving charges are some of the most common criminal offenses for which people are arrested in Illinois. Usually, driving under the influence (DUI) is a misdemeanor offense in Illinois. People charged with a first or second DUI are often able to avoid jail. They still face driver’s license revocation, steep fines, and other penalties if convicted, but they may be able to regain driving privileges through a special permit. The consequences of a misdemeanor DUI are nothing to scoff at. However, felony DUI charges are much worse.

Felony DUI offenders often face significant jail time and other harsh consequences. Regaining driving privileges and restoring normalcy in your life after a felony DUI can be extremely difficult. If you or a loved one are facing felony DUI charges, make sure to work with a skilled DUI defense attorney.  

Felony Drunk Driving Charges in Illinois

DUI is a Class A misdemeanor in many cases. However, certain aggravating circumstances greatly increase the impact of a DUI charge.

Drunk driving is a felony offense if:

  • You were previously convicted of drunk driving two or more times

  • You were accused of causing an accident resulting in another person’s serious injury or death while under the influence of alcohol

  • You were driving a school bus with children at the time of the DUI arrest

  • You had a child under the age of 16 in the car at the time of the DUI arrest

  • You did not have auto insurance or a valid license at the time of the DUI arrest

Penalties for Felony DUI or Aggravated DUI

Felony DUI penalties vary depending on the circumstances of the offense and the driver’s criminal history. Many aggravated DUI offenders are charged with a Class 4 felony. If convicted, they face 1-3 years in prison and a maximum fine of $25,000. If someone has been convicted of reckless homicide while driving under the influence and they are arrested for a subsequent DUI, they may be charged with a Class 3 felony which carries up to five years in prison as well as heavy fines.

Class 2 felony offenses are punished by three to seven years in prison and a maximum fine of $25,000. DUI is a Class 2 felony if the driver received a second conviction for drunk driving with a child that resulted in the child’s injury, a third or fourth DUI, or DUI causing death.

If you receive a fifth DUI, this is a Class 1 felony with a maximum prison sentence of 15 years. A sixth DUI can lead to up to three decades in prison.

Contact a DuPage County Criminal Defense Lawyer

As you can see, the criminal penalties for felony DUI are life changing. If you were accused of drunk driving, you need a lawyer who will fight for your freedom. Call experienced Wheaton DUI defense attorney Stephen A. Brundage at 630-260-9647 for a free consultation to learn more.



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