Belleville DUI Lawyer

Is a DUI a Misdemeanor or Felony in Illinois?

In Illinois, driving under the influence of alcohol varies depending on the arrest circumstances. Factors that can affect whether a DUI conviction comes in the form of a misdemeanor or felony often include:

• The age of the driver: If a driver is underage when he or she is charged with DUI, it could increase the period of license suspension for a Class A misdemeanor.
• The driver’s blood alcohol concentration (BAC): If a driver’s BAC is above 0.16, it could increase an otherwise misdemeanor-level DUI charge to a felony.
• Whether there was a child under the age of 16 in the vehicle at the time the offense was committed: DUI offenses committed while a child under the age of 16 is in the vehicle often result in heftier criminal liability.
• Whether the driver had been previously convicted of DUI and/or related offenses: A first and second DUI conviction is more likely to be considered by a judge to be a misdemeanor, while subsequent DUI offenses are more likely to be penalized as felonies.
• Whether the DUI offense qualifies as “aggravated DUI”: All DUI offenses that result in felony charges are considered aggravated DUI.

DUI Penalties in Illinois

The potential criminal liabilities intensify with each successive DUI charge and conviction. In Illinois, the penalties you receive for a DUI conviction vary as follows:

• A first-time DUI conviction is considered a Class A misdemeanor, punishable by imprisonment of up to 12 months and fines of up to $2,500, revocation of your driving privileges lasting up to 2 years, and suspension of your vehicle registration. If aggravated, a first-time DUI conviction could rise to a Class 4 felony, which could put you in prison for up to 3 years and cost you up to $25,000 in fines.
• A second-time DUI conviction is also considered a Class A misdemeanor and, in addition to the penalties for a first-time conviction, is punishable by up to 240 hours of community service, removal of driving privileges for no less than five years (if the prior conviction took place within the past 20 years), and suspension of your vehicle registration. If committed with a BAC of greater than 0.16, you could face two days in prison and at least $1,250 in fines.
• A third-time DUI conviction is automatically considered aggravated DUI and a Class 2 felony, punishable by up to 7 years in prison, $2,500 in fines, loss of driving privileges for at least ten years, and suspension of your vehicle registration. If committed with a BAC of greater than 0.16, you could also be imprisoned for 90 days and face additional fines. If committed while a child under 16 is in the vehicle, you could also face 25 days of community service and a minimum fine of $25,000.
• Fourth, fifth, sixth, and subsequent DUI convictions could land you up to 30 years in prison, fines of at least $25,000, permanent revocation of driving privileges, suspension of your vehicle registration, community service, and additional penalties at the discretion of the court.

Even a first-time DUI charge warrants a robust and well-planned defense. Just one DUI conviction can hurt your job prospects, cost you thousands of dollars in fines, make your insurance premiums skyrocket, and seriously damage your reputation – but that doesn’t have to be your story. 

Start your defense with our Belleville DUI attorney today!