Experienced Felony DUI Attorney Serving Clients in Cook County
Police and prosecutors take all DUI offenses seriously, but when it comes to felony DUI cases, they are likely to take an especially aggressive approach. A felony conviction carries life-changing penalties, including mandatory jail time. However, getting arrested for drunk driving does not necessarily mean you will be found guilty—there are defenses to even the most serious DUI charges. At Fotopoulos Law Office, our Orland Park DUI defense attorney has more than two decades of experience investigating, negotiating, and litigating drunk driving cases. With our help, you can rest assured that your driver’s license, future, and freedom are in good hands.
What Makes a DUI a Felony in Illinois?
By default, driving under the influence of drugs or alcohol is a misdemeanor. However, certain aggravating circumstances will turn a misdemeanor DUI into an aggravated DUI, which is a felony. Aggravating factors that can lead to felony DUI charges include:
Repeat DUI Convictions
If you have two prior DUI convictions a third intoxicated driving offense is an aggravated DUI. In this case, the crime is a Class 2 felony, punishable by three to seven years of incarceration. A fourth DUI conviction is also a Class 2 felony. A fifth DUI conviction is a Class 1 felony, punishable by a jail sentence between four to 15 years. Finally, a sixth DUI conviction is a Class X felony, which carries up to 30 years in prison. Importantly, for the purposes of repeat DUI sentencing, out-of-state DUIs count toward your total number of DUI convictions.
Transporting a Child Under 16
Even a first-time DUI arrest can result in felony charges if a passenger under 16 was in your vehicle and was injured in an accident. In this case, you will face a Class 4 felony, which carries a punishment of one to three years in jail. However, if you have a prior DUI conviction, carrying a passenger under the age of 16 and causing the child to be injured is automatically a Class 2 felony.
DUI Without a Valid License or Insurance
If you are arrested for DUI and did not have a valid driver’s license at the time of the alleged offense, or if you were driving a vehicle that did not have liability insurance, prosecutors can bring Class 4 felony aggravated DUI charges against you.
DUI Causing Death
A DUI accident resulting in the death of a pedestrian, a passenger in your car, or an occupant of another vehicle is considered a Class 2 felony aggravated DUI. In addition, prosecutors may also bring reckless homicide charges, which carry a mandatory term of two years in jail.
If you have felony DUI charges hanging over your head, it is important that you do not give up hope. Facing felony DUI charges can be overwhelming; however, this is not something you need to deal with on your own. An experienced DUI defense attorney can help by conducting a thorough investigation into the evidence against you, negotiating with prosecutors in hopes of securing a favorable resolution, and aggressively litigating on your behalf in front of a judge and/or jury.
Contact Our Will County Felony DUI Defense Attorney
If you were recently arrested for aggravated DUI, it is essential that you reach out to an experienced Orland Park DUI defense attorney as soon as possible. While these charges are incredibly serious, there are defenses that can mitigate your exposure or result in an outright acquittal. Attorney John Fotopoulos aggressively defends the rights of clients charged with felony DUIs and other criminal offenses. As a former Cook County Circuit Court judge, Attorney Fotopoulos has unrivaled knowledge and experience when it comes to Illinois criminal cases. Reach out to our firm and set up a consultation by calling 708-942-8400. You can also get in touch with us through our secure online contact form. We proudly represent clients in Cook, Will, and DuPage Counties.
