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Penalties For Great Bodily Harm Caused To Another During A DUI Accident

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If at the time of the DUI offense you were involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the DUI violation was a proximate cause of the injuries, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 4 felony.

Cases such as these: 1) sometimes are charged by the police as a misdemeanor, 2) sometimes charged by the police as a felony after receiving approval from the prosecutor’s office, or 3) sometimes charged by the police as a misdemeanor, but later upgraded to a felony charge by the prosecutor’s office once the case arrives at court.

A Class A misdemeanor is an offense that is punishable by up to $2500 in court fines and up to 1 year in jail. Sentences may include supervision, probation or conditional discharge.

A Class 4 felony is an offense that is usually punishable by 1 to 3 years in the penitentiary and may be probationable, but if you are sentenced to a term of imprisonment under this section, then the statute requires that you shall be sentenced to not less than one year nor more than twelve years of imprisonment.

If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.

These penalties are in addition to any other penalties that may be imposed by the court or administrative sanctions of the Secretary of State. Please make your next selection above to determine what other penalties may apply to your DUI case.

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