What Determines Whether DUI Is A Misdemeanor Or Felony?

625 ILCS 5/11-501 states that driving in Illinois is illegal if your blood alcohol content (BAC) is .08% or higher. It also is against the law to drive if your driving ability is impaired, regardless of your BAC. If you were recently charged with DUI, it is essential to understand the nuances of the law, including what makes a drunk driving charge a misdemeanor or felony. After reading this blog post about drunk driving charges, direct any legal questions to our Mount Prospect DUI attorneys at Villadonga & Villadonga at (847) 298-5740.

Understanding Illinois DUI Charges

Many people do not realize the major differences between misdemeanor and felony DUI charges. However, the case outcomes can drastically differ according to how the case is charged. Here are the types of DUI charges:

Misdemeanor DUI

A misdemeanor drunk driving charge is typically assessed when the defendant exceeds the Illinois legal limit but does not cause significant property damage or personal injury. In many situations, the defendant charged with misdemeanor DUI was driving recklessly and was pulled over by a peace officer before they could do serious harm.

However, misdemeanor DUI is still a severe charge. If you are convicted of misdemeanor DUI, you may receive up to 364 days in jail and a maximum fine of $1,000. A repeat DUI offender could still be charged with a misdemeanor but expect harsher potential penalties than a first-time offender.

Felony DUI

In Illinois, a felony DUI charge is more severe than a misdemeanor. An aggravated DUI charge can be anything from a Class 4 felony to a Class X felony, all of which may lead to jail time and up to a $25,000 fine. Class 4 is the least severe felony and is punishable by one to three years in jail. You might receive a Class 4 felony charge if you were driving drunk with a minor in your vehicle and bodily harm occurred to him or her. Further, a DUI that occurs when the defendant was driving a school bus with children onboard is also a Class 4 felony.

You could receive a Class 3 felony charge if you had a previous reckless homicide drunk driving conviction or an aggravated drunk driving conviction involving death. This charge may result in a two-to-five-year prison sentence. For a Class 2 felony DUI, you may receive three to seven years in prison, and a Class 1 DUI felony charge may result in four to 15 years in prison. Last, a Class X felony DUI carries six to 30 years in prison.

Contact Our Mount Prospect DUI Lawyers Today

Being charged with DUI is a serious matter in Illinois. If convicted, you could be sentenced to jail time probation and have steep fines levied against you. However, as serious as this charge is, an experienced criminal defense attorney can often make a huge difference in how the case plays out.

For a confidential legal consultation about your drunk driving case, speak to our Mount Prospect DUI lawyers today by calling (847) 298-5740. Our lawyers will review your case and weigh the strength of the evidence against you. Then, they will advise on the best legal path for your misdemeanor or felony DUI case.