When prosecutors come after someone for DUI in Illinois, the stakes can escalate fast. A standard DUI might start as a misdemeanor, but certain factors turn it into a felony, with life-changing penalties. At Edward Johnson & Associates, we fight these cases aggressively. We know the law, and we know how prosecutors think. Our job is to outmaneuver them, expose weaknesses, and keep your future intact.
In Illinois, a felony DUI is often called “Aggravated DUI.” Under 625 ILCS 5/11-501(d), a DUI becomes a felony when certain conditions are present, such as multiple prior convictions, causing great bodily harm, or driving without a valid license. A misdemeanor DUI can already disrupt your life, but a felony charge raises the stakes to years in prison, heavy fines, and a permanent criminal record.
We never take these charges lightly. We evaluate every angle, from the stop to the field tests to the breathalyzer machine’s accuracy. If there’s a flaw in the state’s case, we press hard. And if prosecutors want to push for a felony, we make them prove every element beyond a reasonable doubt.
What Elevates A DUI To A Felony In Illinois
Several circumstances transform a misdemeanor DUI into a felony under Illinois law:
- Prior Convictions – A third or subsequent DUI is automatically charged as a felony.
- Serious Injury Or Death – If a DUI crash causes great bodily harm, permanent disability, or disfigurement, it becomes a felony.
- No Valid License Or Insurance – Driving drunk without a valid driver’s license or insurance can escalate the charge to a felony.
- Child Passenger – A DUI with a child under 16 in the vehicle, combined with prior offenses or injury, can lead to a felony charge.
Each of these scenarios raises the level of punishment dramatically. And prosecutors often stack aggravating factors to build the harshest case possible.
Consequences Of A Felony DUI
The penalties for a felony DUI are severe. Depending on the level of the felony, a conviction can result in:
- One to Seven Years in Prison for a Class 4 felony
- Three to Seven Years in Prison for a Class 2 felony
- Fines Up to $25,000
- Mandatory Driver’s License Revocation
- Permanent Criminal Record
The law is unforgiving, but the outcome isn’t fixed. With the right defense strategy, cases can be reduced, dismissed, or negotiated into outcomes that avoid prison time.
Our Approach To Felony DUI Defense
We don’t roll over for prosecutors. We challenge traffic stops, question the reliability of field sobriety tests, and attack chemical testing procedures. We also know when to negotiate strategically. If fighting at trial gives our client the best chance, we fight. If a calculated plea deal protects freedom and minimizes risk, we strike that deal. Every move is intentional, and every tactic is designed to put our clients in the strongest position possible.
Illinois DUI Frequently Asked Questions
What Is The Difference Between A Misdemeanor And A Felony DUI In Illinois?
A misdemeanor DUI usually involves a first or second offense without aggravating factors. A felony DUI, or “Aggravated DUI,” occurs when there are prior convictions or circumstances such as injury, driving without a license, or having a child passenger. Under 625 ILCS 5/11-501(d), these factors elevate the charge to a felony with harsher penalties.
Can A First DUI Ever Be Charged As A Felony?
Yes. While most first DUIs are misdemeanors, a first offense can become a felony if it involves aggravating factors. For example, causing serious injury or driving without insurance during a first DUI arrest can lead to felony charges.
What Defenses Can Be Raised In A Felony DUI Case?
Defenses vary, but common strategies include challenging the legality of the traffic stop, questioning the accuracy of chemical testing, and disputing whether the alleged aggravating factor meets the statute’s requirements. As defense attorneys, we tailor the approach to the exact facts of the case.
How Long Does A Felony DUI Stay On My Record In Illinois?
Felony DUI convictions are permanent. Illinois does not allow expungement or sealing of DUI convictions, meaning they remain part of your criminal record for life.
Is Prison Mandatory For A Felony DUI Conviction?
Not always. Some felony DUI convictions carry mandatory minimum sentences, but others can be negotiated down. Judges also have discretion in sentencing, and with strong advocacy, probation or alternative sentencing options may be available.
Can A Felony DUI Affect My Professional License Or Employment?
Yes. Many employers, especially those requiring driving or professional licenses, view a felony DUI as a disqualifier. Doctors, nurses, lawyers, and commercial drivers risk disciplinary action or loss of license if convicted.
Call Edward Johnson & Associates For Aggressive Representation
At Edward Johnson & Associates, we don’t back down. We fight DUI felony charges with tenacity, precision, and the determination to protect your future. Our reputation as bulldogs in the courtroom comes from years of outthinking prosecutors and securing favorable results when the odds were stacked high.
If you’re facing a felony DUI in Chicago or anywhere in Illinois, contact our Chicago DUI defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our office is located in Chicago, Illinois, and we serve clients throughout the entire Chicagoland metro.