The short answer is yes. That means you could face a minimum of one year in prison if convicted of a felony DUI. Also, any felony conviction, even if you do not go to prision, will result in a revocation of your driving privileges. Unfortunately, many people mistakenly believe that you have to have prior DUI's in your background in order to be charged with a felony DUI.
If that was true, this Chicago Police Officer would not have been charged with Aggravated DUI, a felony in Illinois:
The Chicago police detective accused of driving drunk in a crash on the Dan Ryan Expressway last month that killed two people was indicted today on several felony charges.
Joseph Frugoli, who has been free after posting $50,000 bail, appeared in the Cook County Criminal Courthouse where Cook County Assistant State's Atty. John Dillon announced his indictment on two counts each of reckless homicide and aggravated DUI, plus one count of leaving the scene of a fatal crash.
In Illinois, you can be charged with a felony DUI even if there isn't an accident and it is your first offense. No, you don't have to have a big tragedy like the Chicago Police Officer where people died. Nor do you have to have a BAC(Blood/Breath Alcohol Contene) that is two to three times above the legal limit of .08. In Illinois, you can be charged with a felony DUI for driving without a valid license (it does not matter whether you never had a license, it is suspended, or expired) or driving without insurance. That's right being charged with a DUI + no license or no insurance is enough to be facing felony charges in Illinois.
Do you think that penalty is too high?
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