Felony DUI

Felony DUI Charges in Illinois

A DUI offense involving aggravating circumstances, such as causing an accident resulting in severe injuries or death or being pulled over for DUI while having multiple prior DUI convictions, may result in a felony DUI charge in Illinois. Felony DUIs carry far worse penalties than a traditional DUI conviction. When charged with felony DUI, you need highly experienced legal representation to give yourself the best chance at securing a favorable outcome in your case. Contact Nold & Walsh, LLC, for an initial case review with a felon DUI attorney to learn how we can help you fight your charges and protect your rights, reputation, and future.

Why Choose a DUI Lawyer from Nold & Walsh, LLC?

A felony DUI conviction in Illinois can have significant consequences, including prison time, fines, and driver’s license revocation. Hiring an experienced DUI defense lawyer can make a difference in how your DUI charges get resolved. Turn to the attorneys at Nold & Walsh, LLC, for the dedicated legal representation and advocacy you need.

Attorneys Daniel Nold and Patrick Walsh have decades of combined legal experience advocating for the rights and interests of clients facing felony charges in Illinois. We have a proven record of success in all forms, including negotiating favorable plea deals and advocating for our clients at trial. We have extensive knowledge of Illinois DUI laws that we use to develop practical legal solutions tailored to our clients’ needs and goals.

Felony DUI Laws in Illinois

In Illinois, a person arrested for DUI may face a felony charge, also called aggravated DUI. Felony DUI charges carry far more severe penalties than an ordinary DUI conviction, including mandatory terms of incarceration and community service. A driver may face a felony DUI charge for:

A third or subsequent DUI charge
Driving under the influence while operating a school bus carrying one or more passengers aged 18 or younger
Driving under the influence while operating a vehicle-for-hire carrying one or more passengers
Driving under the influence and causing an accident resulting in severe injuries, permanent disability, disfigurement, or death
A second or subsequent DUI charge committed while transporting a child under 16
Driving under the influence while transporting a child under 16 and getting into a crash that injures the child
Driving under the influence without a valid driver’s license or permit or required auto insurance coverage
Driving under the influence after a conviction for reckless homicide while driving under the influence or aggravated DUI involving death
Driving under the influence in a school zone with a restricted speed limit in effect and getting into a crash that causes injury
Driving under the influence while holding a driver’s license suspended or revoked for DUI, reckless homicide, or leaving the scene of an accident involving injury or death

Penalties for a Felony DUI Conviction

Penalties for a felony DUI conviction will depend on the grading of the offense. Each circumstance that can lead to a felony DUI charge has a different felony grading. Prison terms for felony DUI convictions in Illinois include:

Class 4 Felony – One to three years (extended term of three to six years), probation term of up to 30 months, and supervised release of one year
Class 3 Felony – Two to five years (extended term of five to 10 years), probation term of up to 30 months, and supervised release of one year
Class 2 Felony – Three to seven years (extended term of seven to 14 years), probation term of up to four years, and supervised release of two years
Class 1 Felony (for a Fifth DUI Conviction) – Four to 15 years (extended term of 15 to 30 years), probation term of up to four years, and supervised release of two years
Class X Felony (for a Sixth or Subsequent DUI Conviction) – Six to 30 years (extended term of 30 to 60 years), and supervised release of three years

Other penalties for a felony DUI conviction include revocation of driving privileges (including lifetime revocation for some offenses), vehicle impoundment, and suspension of vehicle registration.

Common DUI Defense Strategies

Even when facing a felony DUI charge, a DUI lawyer can help you develop potential defense strategies to reduce the severity of your charges or pursue a dismissal or acquittal. Common examples of a DUI defense include:

Challenging the Legality of a Traffic Stop – Your DUI lawyer might file a motion to exclude prosecution evidence of your intoxication, such as field sobriety or chemical test results or incriminating statements you made, by challenging the legality of your traffic stop. You might argue that police lacked reasonable suspicion of a criminal or traffic offense or that officers failed to use objective, neutral standards to select drivers at a DUI checkpoint.
Challenging the Reliability of Field Sobriety or Chemical Testing – Alternatively, your criminal defense lawyer might file motions to exclude the results of field sobriety or breath/blood/urine testing by arguing that the testing officer lacked the required certification to conduct the test or failed to follow testing protocols. You might also challenge chemical testing by proving contamination of your sample or demonstrating a break in the chain of custody.
Moving to Exclude Inculpatory Statements – After an arrest, police must advise you of your Miranda rights, including the right to remain silent and have legal counsel. If police question you after an arrest without advising you of your rights, the court may exclude any incriminating statements you make or any evidence obtained using those statements.
Contesting the Validity or Applicability of Prior DUI Convictions – When facing felony DUI for a third or subsequent offense, you might avoid a felony charge by demonstrating the invalidity of a prior DUI conviction or showing that a prior conviction does not qualify as a DUI offense.
Challenging Whether You Operated a Vehicle Under the Influence – In certain circumstances, you might argue that your DUI arrest occurred when you did not operate or have control over a motor vehicle.

How Can a Felon DUI Attorney Help You?

You don’t have to face the criminal justice system alone after a felony DUI arrest. Let a criminal defense lawyer from Nold & Walsh, LLC, help you pursue a favorable outcome for your case by:

Independently investigating your charges to recover all available evidence that might help build a compelling felony defense
Reviewing the facts and evidence in your case to identify potential defense strategies
Sitting down with you to help you understand your charges and the potential outcomes of your case so you know what to expect
Contesting the prosecution’s case at each stage, including moving to exclude evidence or reduce or dismiss your charges
Vigorously pursuing the best possible result under the circumstances of your case, whether that means negotiating a favorable plea deal or going to trial to fight the charges

Contact Us Today to Discuss Facing Your DUI Charges

After getting charged with felony DUI, you need seasoned, creative, and dedicated legal counsel who will work tirelessly to secure the best possible resolution to your DUI charges. Contact Nold & Walsh, LLC, today for a confidential consultation with a criminal defense lawyer to discuss your options for an effective felony defense.