This offense has special maximums built in so we call it a Super Class 4 Felony offense. Revocation period determined by offense. Unlike a misdemeanor DUI, felony aggravated DUIs have maximum sentences in excess of one year in prison. Illinois Legislature statute 625 ILCS Section 5/11-501 states that a standard DUI is a Class A misdemeanor. We write helpful content to answer your questions from our expert network. A DUI can become a felony if any of the following occur: Read More: DUI in Illinois: Laws, Penalties & What You Need to Know After a DUI Arrest. If a driver with a prior DUI commits a second DUI whereby they have a passenger under 16 who suffers great bodily harm, it is a Class 2 felony. The statute that penalizes driving on an expired or invalid license is 625 ILCS 5/6-101. This guide explains. Everything you need to know about DUI in Illinois 33 related questions found Committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). As one can see, the penalties for DUI without a drivers license are very severe. The jail sentence is 3 - 7 years, you may be granted 4 years of probation instead of jail time. A standard DUI charge becomes a felony charge if a driver has two prior DUIs, according to NOLO. We look forward to your call! Illinois is known for its strict laws against driving under the influence (DUI). Aggravated DUI in Illinois and Conviction Penalties - Driving Laws AClass 4 Felonyis punishable with a minimum term of imprisonment of1 year up to a maximum of 3 years. Possession of A Controlled Substance (Less Than 15 Grams) 720 ILCS 570/402(c). Any DUI conviction in Illinois comes with serious punitive consequences, but the penalties for felony DUI are even more severe. A felony conviction is permanently entered on an offender's driving record. These offenses are generally probationable. Second or subsequent DUI committed while transporting a child under age 16 (Class 4-X felony; penalties vary according to offense). Factors that impact sentencing include: Previous DUI convictions First conviction (Class A misdemeanor) requires a license revocation for at least one year. If an extended term applies then an individual can be sentenced to a minimum term of imprisonment of3 years up to a maximum of 6 years. Committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 4-X felony; penalties vary according to offense). Eavesdropping (Unauthorized Recording), 720 ILCS 5/14-2(a), Patronizing a Prostitute, 720 ILCS 5/11-18, Criminal Sexual Abuse, 720 ILCS 5/11-1.50 (1) (2), Possession of Cannabis (100 to 500 grams), 720 ILCS 550/4(d), False Police Report, 720 ILCS 5/26-1(a)(2). What Is a Felony DUI in Illinois? - Driving Laws She holds a B.A. Each subsequent DUI conviction brings penalties more severe than the last: Third and fourth DUI: A prison sentence of three to seven years. 1st DUI Illinois DUI First-time Offender, Forced Blood Draw for DUI: Definitive Guide for Illinois DUI, Watch out for these Top Three Illinois DUI Laws in 2019, DUI committed without a valid drivers license, DUI committed without liability insurance. Class 4 Felonies A Class 4 felony is the least serious classification of felony charges, though a conviction can still carry a sentence of one to three years in prison and up to $25,000 in fines. A class one felony DUI is punishable by four to 15 years imprisonment. They include: Depending on the aggravating factors involved, an aggravated DUI may fall into one of three felony classes, each carrying different penalties. at 815-740-4025 to schedule a free consultation. . First, the defendant could lose his drivers license on a first DUI offense where most other first offenders would not. Class 2 felonies in Illinois are punishable with three to seven years in prison and up to $25,000 in fines. (b) Every person convicted of reckless driving shall be guilty of a Class A misdemeanor, except as provided . Three DUI convictions result in a revoked license for 10 years. In Illinois, operating a motor vehicle while under the influence of alcohol or drugs is classified as a violent crime. DUI Causing Death or Great Bodily Harm | Illinois Law | Sentencing Class 2 Felony DUIs. If you have been charged with aggravated driving under the influence in Illinois, read on to learn about what you and facing and how to get legal guidance regarding your charges. The Law Offices of Matthew R. Gebhardt, P.C. The statistics presented in this 2023 Illinois DUI Fact Book are the most recent numbers available at the time of publication. The State acknowledged that a separate provision, subsection (d)(2)(A), generally classified aggravated DUI as a Class 4 felony. (2) knowingly drives a vehicle and uses an incline in. Committed while driving a school bus carrying persons age 18 or younger (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). In 2021, 21,735 DUI arrests occurred in Illinois. In Illinois, a first-time DUI (a Class A Misdemeanor) is punishable by up to a year in jail and up to $2,500 in fines. Depending on the circumstances of the crime, aggravated DUI convictions can range in classification from Class 4 Felony all the way to the most serious felony, a Class X Felony. For years, DUI offenders have had to worry about their drivers licenses and the possibility of incarceration. What happens if you get 4 DUIS in Illinois? - LegalKnowledgeBase.com If you had a high BAC level there is madantory 90 day jail sentence. We perform original research, solicit expert feedback, and review new content to ensure it meets our quality pledge: helpful content Trusted, Vetted, Expert-Reviewed and Edited. A driver who has a suspended or revoked license due to a prior DUI, reckless homicide or due to having left the scene of an accident in which injury or death occurred. Results in a death (Class 2 felony, imprisonment of 3-14 years; 6-28 years if more than one death; fines of up to $25,000). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration for the offense. Read More: Second Offense DUI in Illinois: Laws, Penalties & What to Expect. However, the penalties are more severe for fourth and subsequent convictions and DUIs involving fatalities, minor passengers, or a BAC . A driver's first offense DUI with a passenger under 16 who suffers great bodily harm is a Class 4 felony. Depending on the circumstances of the crime,aggravated DUIconvictions can range in classification from Class 4 Felony all the way to the most serious felony, a Class X Felony. A DUI conviction is a Class 4 felony charge if you were transporting a minor younger than 16 years old in your vehicle, and it resulted in bodily harm to the child. In Illinois, felony DUI is also known as aggravated DUI. A prior DUI in which reckless homicide or great bodily harm occurred: A prison sentence of two to five years. There is one offense that is technically a Class 4 offense because it has a minimum term of imprisonment of 1 year. For example, an arrest for DUI where the driver does not have a valid license turned into a felony offense. Illinois Criminal Law: Class 4 Felony | Dolci & Weiland Third DUI Offense Illinois | Class 2 Felony 625 ILCS 5/11-501 This is a Class 4 felony offense (1-3 years in prison). But where a person gets a DUI charge without a valid license, the DUI is a Class 4 felony offense. Aggravated DUI in Illinois: Definition, Penalties & Next Steps All convictions in Illinois, whether felony or misdemeanor, will remain on your criminal record unless you are pardoned or get the charge expunged. Additionally, a person convicted of a DUI in Illinois may have to participate in community service and complete a drug and alcohol program. An aggravating factor that can trigger a class 3 felony DUI is having a previous conviction of a reckless homicide if your DUI causes a fatality. There are many aggravating factors that could turn your DUI into a felony. In Illinois, any alcohol or drug criminal offense, including a DUI, will remain on a person's record forever. See730 ILCS 5/5-4.5-45. (a-3) A second or subsequent violation of subsection (a) of this Section is a Class 4 felony if committed by a person whose driving or operation of a motor vehicle is the proximate cause of a motor vehicle accident that causes personal injury or death to another. 625 ILCS 5/11-503 - Illinois General Assembly Disclaimer, The Ultimate Police Guide To A Legal Car Search. If you had a high BAC level there is madantory 90 day jail sentence. In this state, most DUI offenses are misdemeanors, but they can become felonies under certain circumstances. Most instances of driving without a valid license are petty offenses subject to fine only. This is a very serious offense of aggravated DUI, because the presumption is that the court should sentence the defendant to prison rather than probation. Some of the offenses that can be charged as felonies are: DUI committed without a valid driver's license. PDF History of Illinois DUI Laws - Illinois Secretary of State However, in situations where the license was expired for more than one year, or where the driver never had a drivers license, then a violation of 625 ILCS 5/6-101 is a criminal offense. Results in great bodily harm, permanent disability or disfigurement (Class 4 felony, imprisonment of 1-12 years, fines of up to $25,000). Penalties for a 1st, 2nd, and 3rd DUI in Illinois | AllLaw Per the statute, 625 ILCS 5/11-501, a DUI offense can have the following penalties: 10 days in jail, or performance of 480 hours of community service. See id. Additionally, driver's first offense DUI with a passenger under 16 who suffers great bodily harm is a Class 4 felony. However, if the defendant receives probation and commits a violation, then re-sentencing will take place. If the defendant pleads guilty and receives supervision, the court supervises the defendant for a period of typically one year. Impaired drivers who transport passengers in a vehicle for hire. If the defendant's blood alcohol is greater than 0.16, there is a mandatory 90 days in jail and minimum $2,500 fine. Illinois law on driving under the influence changed significantly in 2008. And so, even a first DUI offense where the driver has an expired license can result in a full revocation of driving privileges. Can a Felony Conviction Prevent You From Obtaining a Passport? represents clients throughout Lake County, Illinois including but not limited to Northbrook. When is Driving Under the Influence a Felony in Illinois? Illinois Personal Injury Protection (PIP) Laws Explained. Driving under the influence without a valid license is a Class 4 felony. Possession of A Controlled Substance (Less Than 15 Grams) 720 ILCS 570/402(c). As the name suggests, aggravated DUI is more serious than a misdemeanor DUI and carries more serious consequences. What should I expect in the first year of law school? These would include a minimum of 364 days in jail and a maximum of $2,500 in fines. See 730 ILCS 5/54.560. A person who is ticketed for driving without a valid license is guilty of petty offense. Aggravating factors that trigger a class 4 felony DUI include: . Possession of 30-500 grams of marijuana. Required fields are marked *. How do you revoke a power of attorney in South Africa? In Illinois, any felony driving under the influence (DUI) offense is classified as an "aggravated" DUI. However, certain aggravating factors can cause a DUI to become a felony, known as an aggravated DUI. Illinois imposes a penalty of up to 6 months in jail and a $1,500 fine for Class B misdemeanors. The Illinois DUI statute provides that the person is guilty of aggravated DUI where: [T]he person committed the violation while he or she did not possess a drivers license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit. For a DUI the bond amount is either $100.00 plus an Illinois Drivers License or $300.00 cash. Printed by authority of the State of Illinois. Felony DUIs come with steep penalties, including fines and lengthy jail time. Sixth DUI : A prison sentence of six to 30 years. In that year, the legislature added additional penalties for the offense of DUI. in Communications and English from Niagara University. A misdemeanor is eligible for supervision. For a first DUI conviction, your driving privileges will be suspended for one year, unless you are under 21 years old, and then your license is suspended for two years. The seriousness of a conviction for aggravated DUI cannot be understated; a conviction could result in lengthy prison terms and high fines. Law enforcement considers motor vehicle drivers with a tetrahydrocannabinol (THC) limit of 5 nanograms or greater within two hours of driving to be legally under the influence of cannabis. Peoria Criminal Defense & Personal Injury Lawyers | Schierer & Ritchie, LLC. What Can I Expect the Police Officer to do at the Accident Scene? We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content. Aggravating factors that can trigger a class 2 felony .

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