Illinois DUI Laws: How Severity Changes with a Felony Offense

The state of Illinois has instituted Illinois DUI laws that apply when an individual is pulled over and deemed to be under the influence of either alcohol or any other intoxicating substance. The individual is arrested in order to get him or her off of the road as soon as possible. He is faced with criminal charges at this point, and is usually charged with a DUI, or Driving under the Influence. Illinois is different from some states, however, in the fact that a person does not have to test at a level of 0.08% (the legal limit of BAC across the United States) or higher in order to be charged with a DUI. The officer is also able to use his or her training and authority to arrest someone if the officer is able to determine that the individual is indeed impaired while operating a motor vehicle.  

Illinois and DUI Laws

Illinois also differs from other states in how the court prosecutes defendants who are found guilty of DUI. Every state has its own power to determine how its court systems prosecute DUI offenses, and Illinois is one of only 6 states that implement the BAIID, or Breath Alcohol Ignition Interlock Device as a means of deterring individuals from reoffending in first time DUI convictions. This device requires the individual to pass a breath test in order for the ignition in his or her vehicle will function properly.  

If, however, an individual does reoffend in the state of Illinois and is arrested for DUI while having a prior conviction, the severity of the penalty increases with each offense.

• The first two DUI offenses an individual accrues in Illinois are usually charged and prosecuted as misdemeanors unless the DUI caused an accident that injured or killed another person. 
• Subsequent DUIs and accidents generally result in an increase in penalty, as the offense is automatically increased in level from misdemeanor DUI to felony DUI or, in the case of an accident, aggravated felony DUI resulting in bodily harm.  

Misdemeanor vs. Felony

The penalties for a misdemeanor DUI are significantly less than those imposed by the court for felony offenses.

• Misdemeanors are punishable by up to 1 year in prison and a $2,500 fine. 
• Felonies, however, are arranged by class, and DUI charges that are felonies result in anywhere from 2 years in prison to a term of up 15 years behind bars. 

Getting Help

While felony DUI is more severe than a misdemeanor DUI under Illinois DUi laws, any defense related to driving under the influence can result in jail time. As such, it is important that you get in touch with a criminal lawyer as soon as possible to learn how to best defend yourself in response to your DUI charges.