Tag Archives: felony DUI

St. Charles aggravated DUI defense attorney

As it is in every state, it is against the law to drive under the influence of alcohol or drugs in Illinois. Many DUI arrests are the result of failing a chemical blood alcohol content (BAC) test such as a breathalyzer. However, a driver may be arrested for DUI even if he or she does not have a blood alcohol level of 0.08 percent or greater. According to Illinois law, a driver can face DUI charges for being under the influence of any intoxicating compound, drug, or combination of drugs and alcohol to a degree that he or she is unable to drive safely. The penalties for DUI increase with every previous DUI conviction. If you have been charged with your second or third DUI in Illinois, it is crucial that you reach out to a criminal defense attorney for help.  

Criminal Consequences of a Second or Subsequent DUI

A second DUI is typically a Class A misdemeanor in Illinois, which is punishable by a fine of up to $2,500 and a jail sentence of up to one year. You may also be subjected to a driver’s license suspension of five years. Third, fourth, and subsequent DUI convictions are aggravated DUI offenses in Illinois. If you have received two previous convictions for DUI, and you are caught driving under the influence of alcohol or drugs for the third time, this is a Class 2 felony offense. If convicted, you could face up to seven years in prison. You may also face a driver’s license suspension period of 10 years.

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St. Charles felony DUI defense lawyer

Driving under the influence of alcohol or drugs is against the law in Illinois just as it is in every other U.S. state. If you are caught driving with a blood alcohol content (BAC) of 0.08 percent or more in Illinois, you can be arrested and charged with driving under the influence (DUI). The criminal penalties associated with an Illinois DUI conviction will depend heavily on the circumstances of the offense. Some individuals who are convicted of a DUI may qualify for a diversion program and are able to avoid jail time entirely. Others, however, will face years of incarceration for a DUI conviction. Read on to learn more about Illinois DUI law and what you can do if you have been charged with this serious offense.

Misdemeanor DUI

If you are caught drinking and driving and you have never previously been convicted of DUI, you will likely face a Class A misdemeanor DUI charge. The penalties associated with a first-time DUI conviction include the revocation of your driver’s license for one year, a maximum jail sentence of six months, and a maximum fine of $1,000. You may be able to regain your driving privileges if you participate in the Monitoring Device Driving Permit program (MDDP) and install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle. A BAIID works like a breathalyzer and requires the driver to submit breath samples for blood alcohol content (BAC) analysis. A second DUI conviction is also a Class A misdemeanor, but it carries a mandatory minimum jail sentence of five days and a maximum sentence of one year.

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Illinois DUI Lawyer

Most of the time in Illinois, a DUI is charged as a misdemeanor. If you are a first-time DUI offender and you are convicted, it is a Class A misdemeanor, which carries a maximum sentence of one year in prison and up to $2,500 in fines. Depending on your specific situation, a misdemeanor DUI charge could bump to a felony charge, which carries harsher penalties. Any DUI that is classified as a felony is called an aggravated DUI and can range from a Class 4 felony to a Class X felony.

Class 4 Felonies

While these are the lowest felony offenses, they are still serious charges. If you are convicted of a Class 4 felony, you can face one to three years in prison. Examples of Class 4 felonies as they pertain to DUI include:

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Naperville felony DUI defense attorneyDriving under the influence (DUI) is not a uniform charge. Rather, there are many different factors that affect how a specific incident of alleged drunk driving is charged. These include the driver’s blood alcohol concentration (BAC) at the time of the arrest, his or her age, whether the driver has previous DUI charges on his or her record, and whether the drunk driving caused a victim to suffer an injury or death.

A “regular” first time DUI is charged as a Class A misdemeanor in Illinois. However, there are circumstances under which a first offense DUI may be charged as a felony. Specific factors that cause a DUI charge to be “upgraded” are known as aggravating factors. An upgraded DUI charge is known as an aggravated DUI.

When a DUI is a Class 2 Felony

DUI is charged as a Class 2 felony under the following circumstances:

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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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