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What Constitutes a Felony DUI Charge? 

Posted on in DUI Defense

What Constitutes a Felony DUI Charge? Every year, thousands of drivers in the state of Illinois are arrested for driving under the influence of drugs or alcohol. Due to the inherent risks of driving while intoxicated, DUI charges can come with severe legal ramifications. While the vast majority of DUI convictions constitute a Class A misdemeanor charge, some DUIs can be elevated to a felony charge. A misdemeanor DUI can result in temporary loss of driving privileges and fines but rarely leads to jail time. A felony DUI charge, on the other hand, can lead to life-changing consequences. If you have been charged with driving under the influence, speak with a skilled legal professional immediately. 

Why DUIs Are Elevated to Felony Charges

According to the Secretary of State’s Office, a DUI can be elevated to a felony charge for a number of reasons, most commonly for a repeat offense. A third DUI charge is elevated to a Class 2 felony charge and will come with a 10-year license revocation. A fourth conviction will result in a lifetime revocation of driving privileges. Once the charge has been elevated to a felony charge it is known as an aggravated DUI. 

Outside of multiple convictions, there are a number of aggravating factors that add to the severity of the crime in the eyes of law enforcement officials. These aggravating factors include:

  • Causing great bodily harm to another party
  • Driving with a child under the age of 16
  • Driving without a valid driver’s license
  • Driving while your license has been revoked or suspended due to a previous DUI charge

It should be noted that if you are convicted of an aggravated DUI, any mandatory prison sentence cannot be suspended or reduced. In many cases, an attorney can work to have the charges reduced to a standard DUI charge and lessen the conviction to a Class A misdemeanor. In order to provide your attorney with ample time to compile evidence and present a compelling case, it is important to act with urgency after your arrest. 

Contact an Oak Brook DUI Defense Attorney

A DUI case is not something to be taken lightly, especially if you have been charged with an aggravated DUI. At McMahon Law Offices, we understand how a DUI conviction can drastically change a person’s life. A felony charge can impact one’s ability to secure employment and receive loans, as well as result in significant rises in insurance rates. We will do everything in our power to avoid a conviction or seek a reduction to the charges. To schedule a free initial consultation with a knowledgeable and understanding DuPage County criminal defense attorney, call us today at 630-953-4400. 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
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