There are multiple types of offenses that may fall under the designation of driving under the influence of alcohol or drugs, which is commonly known as DUI. While all drunk driving cases are serious, some situations may lead to especially severe charges, and if a person is convicted of a felony, they will usually be sentenced to at least one year in prison while also being subject to other restrictions that will affect their driving privileges and other areas of their life. By understanding the types of offenses that are considered to be aggravated DUI, and by working with an attorney who has experience defending clients against these types of charges, a person can determine their best options for defense.
Felony DUI Charges
Cases in which driving under the influence is charged as a felony are known as aggravated DUI.
Applicable offenses include:
- Third DUI – While a first or second DUI may be charged as a misdemeanor, anyone who has been convicted of two previous DUI offenses will face felony charges. A third DUI will result in Class 2 felony charges, which carry a prison sentence of three to seven years.
- Fourth DUI – Class 2 felony charges will apply in these cases, and a person will be ineligible for probation or conditional discharge.
- Fifth DUI – This is a Class 1 felony, which carries a prison sentence of four to 15 years.
- Sixth or subsequent DUI – This is a Class X felony, which carries a prison sentence of six to 30 years.
- DUI resulting in great bodily harm – If a person caused an accident due to intoxication, and someone else was seriously injured or suffered a permanent disability or a serious disfigurement, the driver may be charged with a Class 4 felony, which carries a sentence of one to three years. In addition to a prison sentence, they will be subject to a mandatory driver’s license revocation for two years.
- DUI resulting in death – If a driver caused an accident in which another person was killed, they may be charged with a Class 2 felony, and their license will be revoked for at least two years.
- DUI in a school zone – If a person was involved in an accident that took place in a school zone while a restricted speed limit was in effect, and the collision resulted in great bodily harm or death, they will face Class 4 felony charges.
- DUI with a minor passenger – If a person was driving while intoxicated and transporting a child under the age of 16, and they were involved in an accident in which the child suffered great bodily harm, the driver may be charged with a Class 2 felony.
- DUI while driving a school bus carrying one or more passengers who are under the age of 18 – This is a Class 4 felony.
- DUI while driving a for-hire vehicle – A driver who was operating a taxi or rideshare vehicle while intoxicated and transporting passengers may face Class 4 felony charges.
- DUI without a valid driver’s license – This is a Class 4 felony, and this offense may also apply in situations where a person drives while under the influence of alcohol or drugs after the suspension or revocation of their license without receiving a monitoring device driving permit or a restricted driving permit.
- DUI without having liability insurance on a vehicle – This is a Class 4 felony.
Contact Our Joliet Aggravated DUI Lawyer
If you are facing aggravated DUI charges, you will need a strong attorney on your side who can help you determine your best options for defense. The Law Offices of Jack L. Zaremba, P.C. can advise you on the ideal defense strategy in these cases, and we will fight to help you avoid a conviction or understand how you can limit the potential consequences you may face. We will work with you to determine whether you can participate in treatment programs or take other steps to regain your driving privileges as soon as possible after a DUI arrest or conviction. Contact our Joliet County DUI defense attorney today at 815-740-4025 to set up a complimentary consultation.