A DUI doesn’t always stay a misdemeanor. Specific actions or prior offenses can raise the charge to a felony. Felony DUIs bring tougher penalties and long-term consequences. Knowing what triggers this change helps you understand the legal stakes.
Prior offenses raise the charge
Illinois law treats repeat DUI offenses more seriously. If you receive a third DUI conviction, the state classifies it as a Class 2 felony. A fourth or subsequent DUI becomes a Class 1 or Class X felony, depending on the circumstances. Each additional offense raises the penalties, including longer prison terms and higher fines.
Injuries or fatalities increase severity
DUIs that cause serious injury or death usually trigger felony charges. Even a first-time offender can face felony prosecution if someone else gets hurt. If you cause a crash while intoxicated and injure someone, prosecutors typically file felony DUI or vehicular assault charges. These charges bring longer prison sentences and higher fines.
Aggravating factors increase penalties
Driving drunk with a minor in the car often results in a felony. This behavior shows reckless disregard for safety. Driving with a suspended or revoked license—especially due to a prior DUI—can also lead to felony charges. Courts see these situations as dangerous and act accordingly.
Refusing tests or having high BAC
Refusing a chemical test or blowing a very high BAC doesn’t automatically lead to felony charges, but it worsens your case. In Illinois, a BAC of 0.16% or higher leads to enhanced penalties, including mandatory jail time and higher fines, even on a first offense. Prosecutors often increase penalties or push for felony prosecution in these situations.
Felony DUI convictions lead to prison time, large fines, and long license suspensions. These convictions can also block job offers and housing applications. Understanding what turns a DUI into a felony helps you recognize the serious risks that come with impaired driving.
