Why is my DUI considered a Felony?
In Illinois, a DUI (Driving Under the Influence) offense can be charged as a felony under certain circumstances. The specific situations that can elevate a DUI charge to a felony level include:
Aggravated DUI: A DUI can be charged as a felony if it is classified as an "aggravated" DUI. The following factors can lead to an aggravated DUI charge:
a. Multiple DUI Offenses: If an individual has two or more prior DUI convictions, subsequent DUI offenses can be charged as felonies.
b. Reckless Homicide: If a person causes the death of another person while driving under the influence, they can be charged with reckless homicide, which is a felony offense.
c. Great Bodily Harm: If a DUI results in great bodily harm or permanent disability to another person, it can be charged as a felony.
d. Child Endangerment: If a person is arrested for DUI while transporting a child under the age of 16, and the child is injured as a result of the DUI, it can be charged as a felony.
e. School Bus Driver: If a person is arrested for DUI while operating a school bus with passengers under the age of 18, it can be charged as a felony.
f. Fatal Accident: If a DUI results in the death of another person, it can be charged as a felony offense.
Classification of Felony Charges: Depending on the specific circumstances, a felony DUI offense can be classified as either a Class 2, Class 3, or Class 4 felony. The classification depends on the severity of the offense, the presence of aggravating factors, and the criminal history of the accused.
a. Class 2 Felony: This is the most serious level of felony DUI and is typically reserved for cases involving reckless homicide or a DUI resulting in death. Class 2 felony charges carry significant penalties, including potential imprisonment.
b. Class 3 Felony: DUI offenses involving great bodily harm or permanent disability to another person may be charged as a Class 3 felony. Class 3 felony charges also carry substantial penalties, including imprisonment.
c. Class 4 Felony: Felony DUI charges that do not fall under the Class 2 or Class 3 category, such as multiple DUI offenses, child endangerment, or DUI while operating a school bus, may be classified as Class 4 felonies. Class 4 felony charges also come with serious consequences, including potential imprisonment.
It is crucial to note that the specific circumstances of each case will determine whether a DUI offense is charged as a felony or a misdemeanor. The presence of aggravating factors and the defendant's criminal history will play a significant role in the prosecution's decision. An experienced attorney can assess the details of your case, provide guidance on potential felony charges, and develop a strong defense strategy tailored to your specific situation.
