Although always against the law, operating a vehicle under the influence of drugs or alcohol in Illinois is usually charged as a misdemeanor. There are, however, specific circumstances under which it can be treated as a felony. Drunk and drugged driving claims thousands of lives every year, prompting Illinois to take a very dim view of those who drive under the influence. By and large, first-time offenders tend to be treated with some degree of leniency, but subsequent arrests can lead to exorbitant fines, a lengthy loss of driving privileges, and even incarceration.
If you have been charged with a felony DUI, you need to seek immediate legal representation. The experienced Illinois DUI defense lawyers at The Fabbrini Law Group, L.L.C., have the ability, resources, and knowledge necessary to defend you against these serious charges and pursue the best possible outcome for your situation.
Understanding Felony DUI Offenses in Illinois
As previously stated, Illinois DUIs are almost always charged as misdemeanor offenses. A DUI conviction carries potential penalties of up to one full year in jail, fines of as much as $2,500, and mandatory court costs. While a second DUI offense could still be charged as a misdemeanor, the penalties will be more severe.
A felony DUI, known as an aggravated offense, involves certain factors that “aggravate” the seriousness of the charge. These offenses span from Class 4 to Class X felonies, with the latter representing the state’s harshest penalties.
Felony DUIs
Felony/Aggravated DUIs can occur in multiple ways, such as:
- DUI committed without a valid permit or driving license
- DUI while operating a school bus with at least one child on board
- DUI committed with a driving license that is revoked or suspended
- A third or subsequent DUI offense
- DUI in a school zone with a restricted speed, causing an accident with injuries
- DUI committed while being uninsured
- DUI causing injury to a minor passenger under the age of 16
- DUI that causes disfigurement, grievous bodily harm, death, or permanent disability
Felony DUIs are sorted into one of four classifications (Class X, Class 1, Class 2, Class 3, and Class 4). The classification depends on the number of previous drunk driving offenses.
Can a Felony DUI in Illinois Cost Me My Driving Privileges?
Generally speaking, DUI convictions lead to similar license penalties, whether the charge is a felony or a misdemeanor. For instance:
- For an aggravated DUI that results in a fatality, your driving license will be revoked for at least two years. During this period, no restricted driving permit is available. Eligibility to apply for a Restricted Driving Permit with a Breath Alcohol Ignition Interlock Device begins two years after your release from jail, or two years after your license revocation, whichever is later.
- Your third drunk driving conviction will lead to a minimum 10-year revocation of your driving license. You will only be permitted to operate vehicles with a Breath Alcohol Ignition Interlock Device on a Restricted Driving Permit for anywhere from five to 10 years before you can seek the reinstatement of your license.
- If this is your fourth or subsequent drunk driving conviction, your license will be permanently revoked. In some situations, you might be eligible to apply for a Restricted Driving Permit after five years.
If your driving license has been revoked following a drunk driving conviction, contact an experienced Illinois DUI defense attorney who can help you through the reinstatement process.
An Illinois DUI Defense Lawyer Can Protect Your Rights
In Illinois, a felony DUI charge triggers two distinct legal processes, one civil, the other criminal. Civil penalties commonly include the immediate suspension of driving privileges under the summary suspension statute, whereas criminal penalties include incarceration and fines so excessive they border on extortion. Partnering with a skilled Illinois DUI defense lawyer can make a huge difference in the results of your case, and indeed, the rest of your life.
An Illinois DUI defense attorney will know what options are available to you, what steps you need to take and when, and what legal defense they can employ to minimize the repercussions of your arrest or help you avoid a conviction altogether. Acknowledging your mistake does not mean you no longer have the right to contest the charges against you. In fact, depending on the facts surrounding your case, there may still be legitimate grounds for having your felony DUI case dismissed or reduced.
Fabbrini Law Group, LLC
Here at the Fabbrini Law Group, L.L.C., we may be able to defend you against felony drunk driving charges by contesting the basis of your arrest. This includes disputing field sobriety tests, breathalyzer results, and the officer’s assessment of your condition. To schedule your free consultation, call (312) 494-3131 or fill out our online contact form. Our team of trusted Illinois DUI defense lawyers is committed to providing effective and skilled representation to every single one of our clients, no matter how serious the charges against them may be.