Bridgeview Lawyer Assists Motorists Facing Felony DUI Charges in Illinois 

Reputable law firm handles aggravated DUI charges in Illinois

In Illinois, every drunk-driving charge can carry serious penalties, but if you’re facing an aggravated DUI count, the consequences can be much more severe. This is a felony count that is more likely to trigger serious penalties, including incarceration, heavy fines and long driver’s license suspension. If you face an aggravated DUI charge, Skinner Law Firm, P.C. in Bridgeview can provide an accomplished Illinois criminal defense lawyer with the legal and practical knowledge to take on prosecutors in your case. Whether the charge was brought because of an accident, your blood-alcohol level or a previous drunk-driving conviction, we are dedicated to achieving the best result possible. 

What is a felony DUI?

Under Illinois law, anyone who drives or is in actual physical control of a vehicle while under the influence of alcohol or drugs is guilty of a DUI. Prosecutors can charge someone with aggravated DUI based on various circumstances, including:

• Accident causing serious injury or death — Getting into an accident while intoxicated makes the prospect of a DUI conviction much worse. In DUI cases where someone suffers serious bodily harm, disfigurement or permanent disability, the charge is classified as a Class 4 felony that could result in at least one and perhaps as many as 12 years of incarceration. The minimum sentence for a fatal DUI case is three years.

• Multiple offenses — Someone who has already been convicted of a second offense DUI will be charged with aggravated DUI for each subsequent arrest. A case that would result in a third or fourth DUI conviction is charged as a Class 2 felony, and the counts get more serious for motorists being prosecuted for potential fifth or sixth convictions.
• Excessive intoxication — Illinois considers a motorist to be unlawfully intoxicated if their blood-alcohol concentration (BAC) is .08 percent or higher. However, a person arrested for drunk driving often has a much higher level of impairment. Extra penalties, including mandatory incarceration, are applied if a defendant’s BAC meets or exceeds .16 percent.
• DUI with a suspended or revoked license — This is a Class 4 felony if the driver's license had been lost due to a previous DUI or to a conviction for leaving the scene of an accident in which a person was injured or killed.
• DUI in a school zone — If the incident occurs while the restricted speed limit is in effect and involves in a crash resulting in bodily harm, the charge is a Class 4 felony.
• DUI with a child passenger — This offense is generally a Class A misdemeanor. However, if this constitutes second DUI with a minor committed within three years of the first, the charge is a Class 2 felony. If the incident involves a crash that results in bodily harm to the child, the charge is a Class 4 felony.
• DUI in a for-hire vehicle — If the intoxicated driver was transporting one or more passengers in a taxi, rideshare auto or other for-hire vehicle, the offense is a Class 4 felony.

A person also can face enhanced charges and penalties if involved in a DUI accident that takes place in a school zone or a collision where a child passenger is hurt. There is additional punishment imposed on drunk drivers who operate their vehicle without a valid license.

Illinois divides felony crimes into four categories with potential penalties as follows:

• Class 1 — Prison sentences of between four and 15 years, plus two years of mandatory supervision 
• Class 2 — Prison sentences are generally between three and seven years, plus up to two years of mandatory supervised release 
• Class 3 — Prison sentence of between two and five years, plus one year of mandatory supervised release 
• Class 4 — Imprisonment of one to three years, plus one year of supervised release

In general, felony fines range from $75 to $25,000.

Will I go to jail for a felony DUI?

There is a serious likelihood that you could be sentenced to time in jail or prison upon conviction of aggravated DUI. A wide range of factors can affect the sentencing process. For example, if you are facing a felony count because you have two previous convictions, a third conviction would result in a minimum 90-day jail sentence if your BAC was .16 percent or higher. Many types of aggravated DUI cases are regarded as Class 4 felonies, which carry a potential prison sentence of one to three years. In every case, Skinner Law Firm, P.C. provides strong advocacy, looking to minimize the disruption that a drunk driving charge causes to drivers and their families.

What happens when you are arrested for DUI

If you are stopped by an officer who believes there is probable cause to believe you have broken Illinois DUI law, you will be arrested. The legal process after arrest includes the following: 

• Chemical test — At the police station, officers will ask you to take a breathalyzer test. If you refuse, you violate the Illinois implied consent law and face an automatic license suspension. If you take the test and record a blood-alcohol concentration of .08 percent or greater, you will be booked on a DUI charge and your driver’s license will be suspended. First time offenders may be eligible for a monitoring device driving permit and repeat DUI offenders may qualify for a restricted driving permit. If you do not secure either of these permits, you can drive only for 45 days until your suspension becomes official.

• Process — You will be photographed, fingerprinted and otherwise processed.
• Release — You may have to post bond to gain release during the court proceedings.
• Reclaiming your vehicle — Your car may have been towed, impounded and seized. You must inquire about how to retake possession.

Later, you must appear at a preliminary hearing, as a judge examines the facts of the case against you and decides whether charges should go forward. By then, you should have retained an experienced DUI lawyer to defend you.

You need a felony DUI lawyer to protect your rights

A felony DUI is not a traffic violation. You face significant prison time and high fines if convicted. A knowledgeable DUI attorney will protect your rights at every stage of the legal process and advocate for the best possible outcome under the facts of your case. Even when the facts are adverse to your interests, a DUI lawyer at our firm can fight to secure a positive outcome that can include acquittal, reduction of charges or lenient sentencing.

Contact an Illinois defense lawyer for a free consultation about your felony DUI charge

Skinner Law Firm, P.C. in Bridgeview represents clients accused of felony DUI throughout Greater Chicago and other Illinois locations. To make an appointment for a free initial consultation, please call 312-635-6459 or contact us online.