DUI charges are most commonly either misdemeanors or felonies. For a DUI to be considered a felony, there must be certain factors present that increase the severity of the offense.
Factors for Felony DUI in Illinois
Your DUI will become a felony if:
- It is your third or subsequent offense: even if it has been many years since your last DUI conviction, a third or later offense will be considered a Class 2 felony. This can result in three to seven years in prison and a fine of $25,000.
- If you don’t have a valid license: driving without a permit or license is illegal at all times. If you are arrested for DUI without a license, you will face felony charges.
- If the DUI resulted in an accident causing injury or death: if someone is seriously injured or killed in a DUI accident for which you are found at fault, you will face felony DUI charges.
- You were driving a school bus: operating a school bus while under the influence is a felony offense if there were minors under 18 on the bus at the time.
- If a minor under 16 was injured: while standard DUI with a minor in the car is a misdemeanor offense, if the minor is injured, it can be elevated to a felony.
- You are an Uber, Lyft, or taxi driver: if you are a hired driver, getting a DUI can result in felony charges.
- You knew you didn’t have liability insurance: getting a DUI without valid insurance is a Class 4 felony offense.
Can Felony Offenses Be Expunged?
In general, if you were convicted or found guilty of a crime in Illinois, it cannot be expunged from your record. DUI is one offense that, whether it is a misdemeanor or felony, cannot be expunged. Once you are convicted, it will remain on your record permanently.
Chicago DUI Defense
The consequences of a felony DUI are severe, and the conviction on your record is permanent. Working with a DUI defense attorney is the best way to mitigate the consequences of a serious DUI charge. The team at The Toney Law Firm, LLC will work tirelessly to get you the best possible outcome. To get started on your defense, contact our firm today.