Are DUIs Misdemeanors or Felonies in Illinois?
In Illinois, driving under the influence (DUI) can result in either misdemeanor or felony charges, depending on the circumstances surrounding the arrest. Understanding when a DUI escalates from a misdemeanor to a felony is crucial for anyone facing this serious offense. Let’s break down the key differences under Illinois law.
Misdemeanor DUI: First and Second Offenses
For most first and second-time offenders, a DUI is classified as a Class A misdemeanor, which is the most severe type of misdemeanor in Illinois. This can lead to penalties of up to one year in jail and a fine of $2,500. Drivers also face a suspension of driving privileges. However, the presence of aggravating factors, such as a high blood alcohol content (BAC) or having a minor in the vehicle, can increase these penalties. You can learn more about the consequences of a first DUI on our First-Time DUI in Illinois page.
Felony DUI: Aggravating Circumstances
A DUI becomes a felony, also known as an aggravated DUI, when certain conditions apply. These include a third DUI offense, driving without a valid license, or causing serious bodily harm or death. Felony DUIs range from Class 4 to Class X felonies, with penalties that include longer prison sentences, higher fines, and a permanent criminal record. For example, a third DUI is typically a Class 2 felony and carries a prison sentence of 3 to 7 years. Find more details on felony DUI penalties on our DUI Penalties in Illinois page.
| Offense | Classification | Penalties |
|---|---|---|
| 1st DUI Offense | Class A Misdemeanor | Up to 1 year in jail, fines up to $2,500, license suspension |
| 2nd DUI Offense | Class A Misdemeanor | Up to 1 year in jail, fines up to $2,500, license suspension |
| 3rd DUI Offense | Class 2 Felony | 3 to 7 years in prison, fines up to $25,000, possible license revocation |
| DUI Resulting in Bodily Harm | Class 4 Felony | 1 to 3 years in prison, fines up to $25,000 |
| DUI Resulting in Death | Class 2 Felony | 3 to 28 years in prison, fines up to $25,000 |
| 4th DUI Offense | Class 2 Felony (Non-Probationable) | 3 to 7 years in prison, fines up to $25,000, lifetime license revocation |
| 5th DUI Offense | Class 1 Felony | 4 to 15 years in prison, fines up to $25,000 |
| 6th DUI Offense | Class X Felony | 6 to 30 years in prison, fines up to $25,000 |
Felony DUI Involving Injury or Death
When a DUI results in serious injury or death, the charges are elevated to even more severe levels. A DUI-related death is typically charged as a Class 2 felony, with potential prison sentences ranging from 3 to 28 years, depending on the number of fatalities. Illinois takes these cases seriously, and it’s essential to have strong legal representation. For more information about defending against DUI charges, visit our DUI Defense Strategies page.
Contact Our Law Firm for DUI Defense
If you are facing DUI charges in Illinois, whether it's a misdemeanor or a felony, the consequences can be life-altering. Our experienced team at Maksimovich Law is here to provide you with the legal defense you need. We understand the complexities of Illinois DUI law and can help protect your rights, explore your defense options, and minimize the impact on your life. Contact us today through our Contact Us page for a consultation, and let us help you navigate your case with confidence.
