In our previous post we explained that there are two main parts of Illinois DUI law: the Illinois Statutory Summary Suspension and the criminal charge of DUI. This post addresses the basics of the second part of a DUI case, the criminal charge for Driving Under the Influence. For more information on the Summary Suspension law, please visit our previous post.
The criminal portion of an Illinois DUI case is the DUI charge itself. Generally, if a person has submitted to, and failed testing, there will be 2 tickets (or counts) issued for DUI; one based on the test failure and the other based on the officer’s observations of the person. If testing was refused, there will typically only be one count, based on the officer’s observations of the person.
DUI is most commonly charged as a misdemeanor, but in certain situations the offense can be charged as a felony. If charged as a misdemeanor, DUI carries a maximum sentence of up to 12-months in jail and a fine of up to $2,500.00 plus court costs. This offense may be charged as a felony (an offense that carries a potential sentence of more than a year of incarceration) under certain circumstances, including: when the driver does not have valid driving privileges or valid insurance; the driver has two or more prior DUI offenses; or the offense involves death or serious personal injury.