Bridgeview, IL Felony DUI Attorneys
DUI Defense Lawyers in DuPage County and Cook County
Illinois is one of the few states with no DUI look-back period, so there is no statute of limitations regarding the number of convictions. In terms of the possible punishment, a DUI from two decades ago has the same legal force and effect as one from two months ago. Felony DUI convictions carry very stiff penalties, including long prison sentences, high fines, and lengthy license suspensions. Moreover, probation is not always an option.
The aggressive lawyers at Stringini & Garvey, P.C. fight DUI charges. So much of your future is at stake, which is why we never hesitate to put the state to its proof. As we prepare for trial, we leverage your defenses in the negotiating room, to get the charges or sentence reduced. Either way, we are committed to the best possible outcome under the circumstances.
Felony DUI Penalties
Rightly or wrongly, the law assumes that felony DUI defendants have had an opportunity to correct their behavior and have not done so. So, the penalties are significant:
- Third Conviction - Class 2 felony, 3-7 years, fine up to $25,000
- Fourth Conviction - Class 2 felony
- Fifth Conviction - Class 1 felony, 4-15 years, $25,000 fine
- Sixth or Subsequent Conviction - Class X felony, 6-30 years, $25,000 fine
Common aggravating circumstances are a BAC of .16 or above, and a passenger who is 16 or under. These circumstances involve a minimum fine, high community service requirement, and other sanctions.
Concerning driving privileges, effective January 1, 2016, a person with a felony DUI conviction must operate with a restricted license in a vehicle equipped with an ignition interlock device for at least five years before being eligible for full license reinstatement. Previously, a fourth conviction meant permanent license revocation.
Probation may be an option in a felony DUI if the defense attorney can enter into a plea agreement. Probation is not the ideal outcome in all cases; a relatively brief sentence is often preferable to years of intense court supervision.
Criminal Defenses in the State of Illinois
Like all DUI cases, a felony case nearly always rests on either field sobriety tests, such as a one leg stand or chemical sample, which is nearly always from a breath test. These methods and machines are not flawless and may be highly subjective, so they are ripe for attack.
Other cases involve questionable police activity. There may have been a lack of reasonable suspicion for the stop, a lack of probable cause for the arrest, or a gap in the chain of custody. Any one of these things may cause the judge to throw out the case.
Felony DUI defense requires a very aggressive approach. For prompt assistance in this area, contact Stringini & Garvey, P.C. at 630-834-9595. After hours and jail visits are available.