Felony DUI Charge in Will County
In Illinois, a third DUI is a Class 2 felony. A fourth is also a Class 2 felony with no probation, a fifth is a Class 1 felony, and a sixth or later is a Class X felony. A third conviction also means you can't apply for a license until 10 years after the revocation takes effect.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
When a DUI becomes a felony because of your record
The aggravated DUI law lists the ways a DUI becomes a felony. The first item on the list is the number of violations. A person who commits a violation of the DUI law, or a similar provision, for the third or later time is charged with aggravated DUI.
Prior violations include local ordinance offenses, DUIs in other states, and offenses on military installations that are similar to Illinois DUI. The state proves convictions with an official copy of your driving abstract. That makes your records the first thing to check. Old paperwork is sometimes incomplete, and a record from another state may describe a different offense than the Illinois one.
Other facts can make even a first DUI a felony, such as serious injury or no valid license. Those are on our aggravated DUI page. This page stays on the number of violations.
Felony class by number of DUIs
| Violation | Class | Probation | Added minimums if alcohol concentration was 0.16 or more |
|---|---|---|---|
| Third | Class 2 felony | Possible, with conditions | At least 90 days in jail and a $2,500 minimum fine |
| Fourth | Class 2 felony | Not allowed | A $5,000 minimum fine |
| Fifth | Class 1 felony | Not allowed | A $5,000 minimum fine |
| Sixth or later | Class X felony | Not allowed (Class X) | A $5,000 minimum fine |
If you were driving with a passenger under 16 at the time of a third or later violation, the law adds a mandatory fine of $25,000 and 25 days of community service in a program that benefits children.
When a person is sentenced to probation or conditional discharge for aggravated DUI, the judge must also require at least 480 hours of community service or 10 days in jail as a condition. The statute says mandatory terms can't be suspended or reduced by the court.
Your license after a felony DUI
The revocation rules get harsher with every conviction.
- Third violation. You may not apply for a license until 10 years after the effective date of the most recent revocation.
- Fourth or later violation. The general rule is that you may not apply for a license at all. The Vehicle Code has limited exceptions that involve a restricted driving permit and a hearing with the Secretary of State.
Under a separate rule, a second or later DUI also means interlock devices on every vehicle you own for at least 5 years. For how permits work in these situations, read our restricted driving permit page.
Your license trouble starts earlier than conviction. The summary suspension begins on day 46 after the arrest notice, and the 90 day deadline to challenge it still applies. See petition to rescind.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
What happens next
- Booking and first appearance. The court decides pretrial release and sets conditions. Illinois no longer uses cash bail.
- Charging. The state files a felony charge in the Will County Circuit Court in Joliet, or the county where you were arrested.
- Preliminary steps. The case moves through the felony call, where the court sets dates for evidence to be shared.
- Records review. Jeff pulls your driving abstract and the old case files to check every prior.
- Motions. If the stop or test has a problem, Jeff files a motion to ask the judge to throw out the evidence.
- Plea or trial. You choose with Jeff after seeing the evidence and the sentencing range.
How Jeff defends this charge
- Checks each prior one by one. A prior that can't be proved can change the felony class.
- Looks at out of state cases to see whether they match Illinois DUI.
- Reviews the stop, the arrest and the testing for legal problems.
- Examines the breath or blood result, because a 0.16 reading adds minimum penalties.
- Watches for any police step that was skipped or not recorded.
- Explains the sentence range and the license outcome before you decide anything.
Jeff doesn't promise results. He tells you what the evidence supports.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about felony dui
Short answers first. Jeff McCarthy reviews every answer on this page.
Yes. A third violation of the DUI law is a Class 2 felony under the aggravated DUI statute.
Three. A first and second DUI are usually misdemeanors, and the third violation is charged as a felony.
The statute allows probation for a third violation, but the judge must require at least 480 hours of community service or 10 days in jail as part of it. For a fourth or fifth violation, probation is not allowed.
The general rule says no application is allowed after a fourth or later violation. The law has limited exceptions that go through the Secretary of State, so ask Jeff about your record.
A sixth or later DUI is a Class X felony in Illinois. It is the highest felony class in that statute.
Aggravated DUI is the felony version of DUI. A third or later violation is one way to get there, and serious injury, death, no valid license or no insurance are others. Jeff walks through which one applies to your ticket.
A similar offense from another state counts as a prior. Jeff checks whether the other state's law matches the Illinois statute.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
