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Why Am I Facing Felony Charges for a DUI? 

Posted on in DUI Defense

Why Am I Facing Felony Charges for a DUI? In the state of Illinois, more than 20,000 people are arrested for driving under the influence of drugs or alcohol every year. Of those arrested, approximately 90% of eligible drivers lost their driving privileges. Along with the suspension, many drivers will be convicted of misdemeanor charges and face up to one year in prison. For other drivers, a DUI can be elevated to an aggravated DUI and potentially result in felony charges. Below, we will examine why you may be facing felony charges for driving under the influence

Aggravated DUI in Illinois 

According to Illinois state law, there are a number of aggravating factors that can lead to a DUI charge being elevated from a misdemeanor to a felony. The most common factor is simply the fact that the defendant has already been convicted for two prior DUIs. If you are charged with your third DUI offense, you will be facing Class 2 felony charges. A third DUI conviction will result in a three-to-seven-year prison sentence. In other instances in which a person has a previous alcohol-related conviction, such as an alcohol-related reckless homicide offense, a DUI will automatically be elevated to a Class 3 felony. 

Other common aggravating factors include when great bodily harm is caused to another party. If a person is killed by a driver charged with DUI, the driver will be charged with a Class 2 felony and face up to 14 years in prison. If bodily harm is caused to a passenger under the age of 16, the driver will be charged with a Class 4 felony, which includes a minimum one-year prison sentence. 

In other instances, a person’s DUI charge can be elevated to an aggravated DUI simply for driving a vehicle that is not properly insured, driving with a revoked or suspended license, or not possessing a valid driver’s license. If you have been charged with a DUI, it is time to seek out the help of a legal professional. 

Contact an Oak Brook DUI Defense Attorney 

When a person is charged with a DUI, it is entirely common to feel panicked. At McMahon Law Offices, we are dedicated to assisting our clients through every step of the criminal defense process. A DUI conviction can drastically change a person’s life, especially if the charges are elevated to an aggravated DUI. Our attorneys will work diligently to develop a comprehensive defense strategy designed to help you avoid a conviction. To schedule a complimentary initial consultation with a knowledgeable DuPage County criminal defense attorney, call us today at 630-953-4400. 



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