Misdemeanor vs. Felony DUIs: Contact Schierer & Ritchie LLC for professional legal representation and a free consultation.
In Illinois, a DUI arrest can be charged as either a misdemeanor or a felony, depending on the circumstances. Felony DUIs carry severe penalties, including hefty fines and lengthy jail time. Understanding the difference between misdemeanor and felony DUIs and knowing what to do if you are charged is crucial.
Contact Schierer & Ritchie LLC at (309) 839-2024 for experienced legal representation. We look forward to your call!
Misdemeanor DUI in Illinois
A DUI is typically charged as a misdemeanor under the following conditions:
- First or Second Offense: If this is your first or second DUI offense.
- BAC Level: Driving with a blood alcohol level (BAC) of 0.08 or higher.
- Other Substances: Driving under the influence of prescription drugs, illegal drugs, or medical marijuana.
Penalties for a misdemeanor DUI include:
- Up to 1 year in jail
- Fines up to $2,500
Felony DUI in Illinois
When certain aggravating factors are present, a DUI can be elevated to a felony, known as an aggravated DUI. These aggravating factors significantly increase the severity of the offense and the penalties involved.
Aggravating Factors in DUIs
Typical aggravating factors that can turn a DUI into a felony include:
- Having two or more prior DUI violations
- Causing significant injury or death
- Driving without insurance
- Driving without a license or on a suspended license
- Driving in the wrong direction at the time of the crash
- Felony Classifications and Penalties
Depending on the aggravating factors, an aggravated DUI may fall into one of three felony classes, each with distinct penalties.
Class 4 Felony DUIs
Class 4 felonies are the least severe felony charges and carry a minimum penalty of 1 year in jail. Aggravating factors for a Class 4 felony DUI include:
- Driving a school bus with minors onboard
- Involvement in an accident causing significant injury, disfigurement, or permanent disability, even if it’s your first DUI
- A second DUI with a prior record of alcohol-related reckless homicide
- Causing bodily harm while driving in a school zone
- Driving with a suspended, revoked, expired, or no license
- Driving without car insurance
Class 3 Felony DUIs
Class 3 felonies carry penalties of 2 to 5 years in prison and fines up to $25,000. An example of an aggravating factor for a Class 3 felony DUI is a previous conviction of reckless homicide if your DUI causes a fatality.
Class 2 Felony DUIs
Class 2 felonies are punishable by 3 to 7 years in prison and fines up to $25,000. Aggravating factors for a Class 2 felony DUI include:
- Third DUI conviction
- Second DUI conviction with a passenger under the age of 16
- Causing bodily harm to a passenger under 16, even if it’s your first DUI
- Causing the death of another person, even if it’s your first DUI
Seeking Legal Representation
If you are charged with a DUI, obtaining skilled legal representation is crucial. The attorneys at Schierer & Ritchie have decades of combined experience handling DUI cases throughout Peoria and the surrounding areas. Our team will fight to defend your rights and has a proven track record of getting charges reduced or even dropped.
Services Offered
- Free Initial Consultation: Contact us anytime for a complimentary initial consultation.
- Flexible Appointments: We offer evening and weekend appointments to accommodate your schedule.
- Convenient Meetings: We can meet you by phone, at our office, or at a convenient location.
Contact Schierer & Ritchie LLC
If you face DUI charges, don’t navigate the legal process alone. Contact Schierer & Ritchie LLC at (309) 839-2024 for experienced and compassionate legal representation. We look forward to your call!