Question By: In Illinois, a DUI (Driving Under the Influence) becomes a felony under certain circumstances, typically involving aggravating factors that escalate the seriousness of the offense. Here are the primary scenarios where a DUI can be classified as a felony in Illinois:
Multiple Offenses: If a person is arrested for DUI and has had two or more previous DUI convictions, any subsequent DUI offense will be charged as a felony. Illinois law mandates harsher penalties for repeat offenders to deter habitual drunk driving.
Child Endangerment: Driving under the influence with a child under the age of 16 in the vehicle can elevate a DUI to a felony charge. This is considered a form of child endangerment, significantly increasing the severity of the offense due to the potential harm posed to the child's safety.
Serious Injury or Death: If a DUI incident results in an accident causing serious injury or death to another person, it can lead to felony charges. This is especially true if the driver's intoxication is deemed a substantial factor contributing to the accident and resulting harm.
Other Aggravating Factors: Certain aggravating factors, such as driving with a revoked or suspended license due to a previous DUI, can also lead to felony DUI charges. These circumstances indicate a disregard for traffic laws and public safety, warranting more severe legal consequences.
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