In Illinois, an offense is "priorable" if it has been committed within 20 years of a separate DUI. A fourth DUI within 20 years is a felony in Illinois. [A DUI that causes injury to another can also be a Felony DUI].
The court procedures in a felony DUI case are different from those in a misdemeanor case in a number of very significant respects, and as a general rule, the client must be present in court at all stages of the proceedings.
With state prison as a possible direct consequence of a fourth DUI offense within 10 years, the stakes involved are substantially more serious than in a third offense situation. There are a number of important variables involved that can have a huge impact on the outcome of the case. What is at stake could be a minimum sentence of 180 days in jail to three years in state prison, an 18 month alcohol program, a four year license revocation, and other conditions of probation.
Throughout the case, got DUI attorneys will keep their clients advised as to the work they are performing, and all future dates. Got DUI attorneys will fight to win one's DMV hearing, to save one's license from being independently revoked as a result of the Court case, and to keep their clients out of state prison.
The possible punishments and consequences of a fourth [Felony] DUI within 20 years are set forth below.
Fourth DUI Arrest
Minimum & Maximum
Sentences and Fines
Sentences and Fines
Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.
If committed with a BAC of .16 or more—In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
If committed while transporting a child under age 16—In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefitting children.
Any person who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
If committed with a BAC of .16 or more—In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
If committed while transporting a child under age 16—In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefitting children.
Any person who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
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