Felony DUI Attorney

Most DUIs are misdemeanor offenses. However, in some cases, there are certain circumstances — like repeat offenses, getting a DUI with a child in the car, or getting a DUI without proper insurance — that result in felony charges. In Illinois, a DUI that leads to felony charges is called “aggravated DUI,” although some people still refer to a charge like this as a “felony DUI.” It’s always important to have legal representation if you’ve been charged with a crime, but in these circumstances, it’s essential to retain a felony DUI attorney as soon as possible.

At Wolfe & Stec, Ltd., our trial attorneys are deeply familiar with how the Illinois court system works — and how judges handle charges of aggravated DUI. If you’re facing felony DUI charges, there’s no time to waste. Get in touch with us today to schedule a free consultation.

What Makes a DUI a Felony?

To understand the concept of a felony DUI, you need to understand the concept of aggravating factors. These are circumstances that make a crime worse — and therefore extend your sentence. For example, in the eyes of the law, getting behind the wheel drunk and causing a fatal accident is worse than just driving drunk. As such, the penalties are higher for a DUI causing death than they are for a simple DUI.

In Illinois, there are many different situations that lead to felony DUI charges:

Third (or Subsequent) DUI — Class 2 Felony

If you get a third DUI, you’re automatically charged with a felony. The penalties can vary based on the circumstances of your case, and a felony DUI attorney may be able to negotiate for lighter sentencing.

Second (or Subsequent) DUI With Child Under 16 in Car — Class 2 Felony

Like the charge above, this one comes with a wide range of potential consequences. Because it’s a high-level felony, the penalties will still be considerable, but having an attorney advocate for you may help.

DUI Resulting in Death — Class 2 Felony

Sometimes DUIs lead to tragic consequences. If you were accused of causing the death of someone else due to driving while intoxicated, you likely face prison time and license revocation for at least two years. The license revocation period starts when you are released from prison.

DUI Causing Injury to Child in Car — Class 2 Felony

For this offense, the state of Illinois considers a child to be someone under 16. If a child is injured in your vehicle as a result of your intoxication while driving, you could be charged with a class 2 felony.

DUI After Previous Conviction for DUI Causing Death — Class 3 Felony

Even if you’re arrested for a relatively minor DUI, if it happens after you’ve been convicted of an aggravated DUI involving death or reckless homicide while driving under the influence, you’ll automatically be charged with a felony.

DUI Causing Permanent Disability, Disfigurement, or Other Serious Harm — Class 4 Felony

When you drive a vehicle while you’re impaired, you risk seriously injuring someone (or seriously injuring yourself). If the injuries you cause are severe, you will likely be charged with a felony DUI. A felony DUI attorney can examine your case and tell you the charges you’re likely to face.

If you’ve been charged with a felony DUI or think your charge may be upgraded to a felony, you need a fierce advocate immediately. Call 630-305-0222 today to speak to the felony DUI lawyers at Wolfe & Stec, Ltd.

DUI While Driving a Rideshare/Car for Hire with Passengers — Class 4 Felony

It’s never a good idea to be under the influence at work, but when you transport passengers for a living, it’s especially dangerous. If you drive a taxi or rideshare vehicle and get a DUI while you have passengers in the car, that DUI automatically becomes a felony.

DUI While Driving a School Bus with Passengers Under 18 — Class 4 Felony

Being accused of driving under the influence while operating a school bus can take a mild DUI and escalate it to a felony charge.

DUI Causing Bodily Harm in a School Zone — Class 4 Felony

This charge applies if (1) the presumed DUI was committed in a school zone, (2) the school zone’s restricted speed limit was in effect, and (3) you were involved in an accident that caused bodily injury.

DUI Committed While License Is Revoked for Related Offenses — Class 4 Felony

You can face felony charges if you are accused of a DUI when your license is revoked or suspended for any of the following:

• Reckless homicide
• Leaving the scene of death or personal injury
• DUI.

Usually, when you’re charged with this, the penalty is in addition to the penalty for the DUI itself.

DUI Without Liability Insurance or Driver’s License — Class 4 Felony

Drivers have a responsibility to carry liability insurance to pay for injuries and vehicle damage they might cause to other people. They also have a responsibility to maintain a valid license. Driving without either one is a mild offense on its own, but if you do so while also driving under the influence, you could be found guilty of a felony.

FAQ

You Have Questions. We Have Answers.

Facing any criminal charge can be scary, but facing a felony is even worse. Most people in this situation have questions. Here are some of the most common ones people ask our felony DUI lawyers.

What makes a DUI a felony?

Certain aggravating factors like causing death, causing serious injury, driving with no insurance, and having previous DUI convictions can make a DUI a felony.

What are the penalties for a felony DUI?

That depends on the individual case. Class 2 felony DUIs are the most severe, and they carry a penalty of three to seven years in prison. Class 4 felony DUIs are the least severe, and they carry a penalty of one to three years in prison. If convicted, you may also have to pay restitution and other fines.

How can a felony DUI attorney help me if I committed the crime?

Your attorney will be able to examine the prosecution’s case for weaknesses and use them to argue for a not-guilty verdict. If you’re ultimately convicted, a skilled lawyer may be able to increase your chances of receiving more lenient penalties.

Will I lose my license as a result of a felony DUI?

Yes — the length of the suspension or revocation depends on the exact offense. In some cases, you may be eligible for a restricted permit that allows you to drive under limited circumstances.

It’s easy to feel defeated and overwhelmed when you’re facing felony charges, but understanding your circumstances can help ease your fears. If you have any additional questions, please feel free to reach out.

Why Choose Us?

Defending Your Rights for Over 35 Years

If you need a lawyer for a felony DUI, you don’t need just any lawyer. You need someone who understands the Illinois court system and has a strong track record of litigating cases like yours. At Wolfe & Stec, Ltd., we have more than 35 years of experience defending clients against virtually every kind of criminal charge.

A felony conviction has the potential to derail your entire life. When you need a DUI lawyer for felony charges, don’t risk working with a public defender — you need an attorney who can put their experience to work for you. Call us at 630-305-0222 to set up a free consultation today.