Tag Archives: DUI conviction

Geneva DUI defense lawyer felony wrongful deathDrunk driving is dangerous. That is why it is illegal. Like every other criminal offense, the penalties an individual faces for a DUI charge can change depending on the circumstances surrounding the incident. These are known as aggravating factors, and a DUI resulting in someone’s death is one of the most serious of these factors.

When an alleged act of drunk driving results in a victim’s death, the driver may be charged with a Class 2 felony. This can happen whether the driver has previous DUI charges on his or her record or not. A Class 2 felony is a far steeper charge than a driver would typically face for a first or second DUI offense. If you are facing a Class 2 felony DUI, here are a few of the penalties you are facing:

Years in Prison

You can face jail time for any DUI charge. For a Class 2 felony DUI, you are looking at a minimum of three years in prison if you are convicted. If your actions resulted in two or more deaths, you can face six to 28 years in prison.

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Naperville DUI defense lawyer, metabolize alcohol, DUI charges, DUI conviction, alcohol metabolism rateWhen you are accused of driving with a blood alcohol concentration (BAC) above the legal limit of 0.08 percent — or 0.04 if you are driving a commercial vehicle as part of your job, or 0.00 percent if you are younger than 21 — you can be charged with driving under the influence of alcohol, or DUI.

DUI is a serious charge. A DUI conviction can result in steep fines, jail time, and a driver’s license suspension, among other penalties. Although you can fight a DUI charge just like you can fight any other criminal charge, it is much easier to avoid being charged in the first place than it is to fight a DUI. Understanding how your body metabolizes alcohol and how your BAC rises as you drink can help you avoid a DUI.

BAC Reduces by About .015 Percent Per Hour

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felony DUI, DUI charge, Naperville DUI defense lawyers, DUI conviction, Class 2 felonyThere are a few circumstances under which an individual can be charged with a felony-level DUI in Illinois. A felony DUI charge is also known as an aggravated DUI due to the presence of one or more aggravating factors, facts about the incident that render it more destructive, more severe, or due to a greater level of malice or recklessness on the offender’s part. It is possible for one’s first DUI to be charged as a felony if there are aggravating factors present in the case.

The penalties an individual faces for a felony DUI conviction are far steeper than those for a misdemeanor DUI, the “regular” type of DUI conviction for first time offenders. For a felony DUI conviction, a defendant can face one year or longer in prison and thousands of dollars’ worth of fines. With any DUI conviction, the driver can also potentially have his or her driver’s license suspended or revoked. When a DUI is charged as a felony, the circumstances present in the case determine its charge level.

Class 4 Felony DUI

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Naperville DUI defense lawyers, DUI charges, DUI conviction, DUI offense, DUI arrestThere are certain traffic violations that you are better off accepting, paying your fine, and moving on with your life. DUI is not one of them. If you are convicted of driving under the influence of alcohol or another drug, you will face criminal and administrative penalties. It is always in your best interest to work with an experienced lawyer to fight a DUI charge.

Penalties for a First Time DUI Conviction in Illinois

In Illinois, a first time DUI offense is a Class A misdemeanor. An individual convicted of this offense faces the following:

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DUI conviction, Naperville DUI lawyers, go to jail, jail for DUI, DUI conviction, DUI chargeIf you are charged with DUI in Illinois, jail time is always a possibility. DUI charges can be very different from each other. In most cases, a first or second DUI is charged as a misdemeanor. Still, there are circumstances that can make this a felony charge.

Relevant factors that can alter a DUI charge include:

  • Whether you have been convicted of DUI before;
  • How long ago you were previously convicted of DUI;
  • Whether your actions caused another person to suffer death or bodily harm;
  • Whether you were transporting a child under the age of 16 at the time of the arrest;
  • Whether you refused to take a chemical test to determine your blood alcohol content (BAC); and
  • Your BAC at the time of your arrest.

For Your First DUI, you Probably Will Not Face Jail Time

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