Misdemeanor & Felony DUI Charges in Illinois
Getting charged with a DUI is terrifying—but if you’re facing a felony DUI in Illinois, the stakes are even higher. A felony conviction could mean years in prison, hefty fines, and a permanent criminal record.
While most DUIs are misdemeanors, certain circumstances automatically elevate the charge to a felony—even for first-time offenders. The good news? An experienced criminal defense attorney may be able to reduce your charges or even get them dismissed.
Let’s break down what makes a DUI a felony instead of a misdemeanor and what steps you should take next.
What is a Misdemeanor DUI?
For most first-time or even second-time offenders, a DUI is charged as a misdemeanor.
What qualifies as a misdemeanor DUI?
Your BAC (Blood Alcohol Concentration) is over the legal limit, but no one is hurt.
You have no prior felony DUI convictions.
You were not driving on a suspended or revoked license.
A misdemeanor DUI carries less than a year in jail, but with the right criminal defense attorney, jail time can often be avoided. Your lawyer may recommend alcohol treatment programs or community service to strengthen your defense.
But not all Illinois DUIs stay misdemeanors—some become felonies.
What Turns a DUI into a Felony?
If you’ve been charged with a felony DUI, it’s likely due to one (or more) of the following factors:
You Injured Someone- If your drunk driving caused an accident that injured another person, the DUI is automatically a felony.
You Were Driving Without a License- Driving on a suspended, revoked, or expired license alone can escalate your DUI to a felony.
You Had No Insurance- If you were uninsured at the time of the DUI, prosecutors may push for a felony charge.
You Were Driving for Hire (Uber, Lyft, Taxi, Limo, etc.)- Transporting paying passengers while under the influence is considered more dangerous, leading to felony charges.
Someone Died (DUI Manslaughter)- This is one of the most serious DUI-related offenses. If a death occurred, you could face harsh sentencing, including decades in prison.
A Child Passenger Was in the Car- If you had a passenger under 16 years old, a DUI can escalate to a felony—especially if it’s your second or subsequent offense.
It’s Your Third DUI- Illinois law states that a third DUI is automatically a felony, regardless of circumstances.
What Can You Do If You’re Facing a Felony DUI?
Even if you’re facing a felony DUI in Lake County, McHenry County, or Cook County, your situation is NOT hopeless. A skilled DUI attorney can help by:
Challenging the validity of the traffic stop
Examining police procedures for errors
Questioning the accuracy of breathalyzer or blood tests
Negotiating to reduce the charge to a misdemeanor
Exploring alternative sentencing options to avoid jail
The sooner you act, the better your chances. A felony DUI is serious, but you don’t have to face it alone. Contact Alan Lenczycki, an experienced Lake County DUI defense attorney, immediately to protect your rights and build a strong defense.
Videos by attorney Alan Lenczycki related to Illinois DUIs:
Illinois DUI: 1st Time, Charges and Consequences
