Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 1/7/2006 6:09:19 AM EDT
Someone was telling me they made DUI a felony as of Jan 1.
Never was, but now it's really not worth going out to a bar.
Link Posted: 1/7/2006 11:03:26 AM EDT
Negative. Absent any injury or other aggravating circumstance, the 1st offense is still a class A misdemeanor. There may be some changes as far as enhancing the penalty for 2nd or subsequent offenses.
Link Posted: 1/7/2006 11:20:16 AM EDT

Originally Posted By drobs:
Someone was telling me they made DUI a felony as of Jan 1.
Never was, but now it's really not worth going out to a bar.



Nope. DUI is still a Misdemeanor. Driving while License Revoked for DUI is a Felony on the seventh offense.
Link Posted: 1/7/2006 12:15:49 PM EDT

Originally Posted By drobs:
Someone was telling me they made DUI a felony as of Jan 1.
Never was, but now it's really not worth going out to a bar.



The change to the law for this year was:

If you are arrested for a basic DUI

-AND- one of the following two aggravating factors

You do not have a valid driver's license (whether for lack of having one, or it is suspeneded or revoked).
-OR-
You are driving a vehicle that you know (or should have known) is not covered by liability insurance.
Link Posted: 1/7/2006 6:15:34 PM EDT

Originally Posted By npd233:

Originally Posted By drobs:
Someone was telling me they made DUI a felony as of Jan 1.
Never was, but now it's really not worth going out to a bar.



The change to the law for this year was:

If you are arrested for a basic DUI

-AND- one of the following two aggravating factors

You do not have a valid driver's license (whether for lack of having one, or it is suspeneded or revoked).
-OR-
You are driving a vehicle that you know (or should have known) is not covered by liability insurance.



NPD,
I think you left two out.
If driving DUI and you cause a death or if you are driving DUI with a child in the car. I believe these are two aggravating circumstances that will cause you to be charged with a felony also.
Link Posted: 1/7/2006 6:22:59 PM EDT
That's correct. DUI with a child in the car is a Felony. If you are drinking a large quantity of beer or whatever and you have a child in the car, I do not feel sorry for you in the least. I don't think anyone will argue that point with me. If you are an adult and you take risks, fine. I don't think you should involve a child and most people feel the same way.

Link Posted: 1/8/2006 12:06:48 AM EDT
Link Posted: 1/8/2006 3:47:35 AM EDT

Originally Posted By pbrsailor:
That's correct. DUI with a child in the car is a Felony. If you are drinking a large quantity of beer or whatever and you have a child in the car, I do not feel sorry for you in the least. I don't think anyone will argue that point with me. If you are an adult and you take risks, fine. I don't think you should involve a child and most people feel the same way.






No, not fine. If you are an adult and take risks that only endanger yourself, then fine. If it involves the rest of us being put at risk, that's NOT fine.

As for a DUI driver causing a fatal crash - that law's been a felony for quite some time. It's "Reckless Homicide" and it carries a 14 year maximum imprisonment penalty. In my city, a few years ago, a high school student was charged with that when he drove off the road, struck a tree, and killed a female teenage passenger.

His original sentence was probation based in part on wishes of the victim's family, IIRC. While on probation, he failed to meet with his probation officer, was caught drinking (underage) again, even though terms of his probation dictated no alcohol use. He was then arrested by a neighboring department for DUI. He is back in court now for violating his probation and will likely be seeing some prison time finally.

As for DUI while having a child in the vehicle... That is not a felony for first time... The DUI law is long but is very clear on the matter.

Here's a direct link:

review paragraph (c) for the relevant portions pertaining to simply transporting a child under 16 while DUI. For the most part they involve additional mandatory sentencing provisions upon conviction. You have to have two prior convictions for this very thing in order for it to be charged as a felony.


Illinois DUI statute

There are several versions of the law... each one is amended to include specific public acts passed within the past year by the General Assembly. I caution you, trying to understand exactly which one of the statutes is the most current on that page is a very time consuming ordeal.
Link Posted: 1/8/2006 2:47:55 PM EDT
Yes -but also have to take into account that the courts around Chicago don't want to prosecute anything. So 5, 6, 7...its all the same. Slap on the wrist, go to counseling, pay some fines, lose your license for a bit and then get a JDP/RDP to drive to work on.
Link Posted: 1/8/2006 4:32:32 PM EDT

Originally Posted By npd233:

Originally Posted By pbrsailor:
That's correct. DUI with a child in the car is a Felony. If you are drinking a large quantity of beer or whatever and you have a child in the car, I do not feel sorry for you in the least. I don't think anyone will argue that point with me. If you are an adult and you take risks, fine. I don't think you should involve a child and most people feel the same way.






No, not fine. If you are an adult and take risks that only endanger yourself, then fine. If it involves the rest of us being put at risk, that's NOT fine.




Amen npd233! I lost an Uncle to a drunk driver in 1959. I was born in 1962 and I never got to meet my Uncle. He was a Notre Dame graduate and a promising Mechanical Engineer. He loved guns, hunting, and fishing, and I never was given the chance to learn anything from him or share any times with him.

Every time someone drinks and drives they put others at risk. That is never OK!

The drunk that killed my Uncle was found at the scene of the accident, sitting on the ground leaning up against the door of his 1957 Cadillac and drinking from his bottle. My Uncle and his passenger were in a 1958 Chevy...dead.

Drinking and driving with a kid in your car or not is never cool. I hope none of you guys have to learn that lesson by the loss of a family member or by being the drunk behind the wheel. Everyone is alway only having some fun until someone gets hurt.

Link Posted: 1/8/2006 10:09:11 PM EDT
Hear too many stories of idiots under influence. I'm sure you guys have buddies like me that have been hit on bicycles and motorcycles by impaired drivers. It sucks, seems like know it's just drive off and not care is too common.

Neighbor of mine while videotaping drug house that popped up that police ignore.... City snowplow during Dec. storm pull up, run up give money, get dope, smoke crack in snowplow on side of street, and continue plowing.

Says Sergent told him "you don't expect those guys to plow without being high..."

Link Posted: 1/9/2006 1:31:24 PM EDT
Top Top