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Penalties If Convicted Of An Offense That Resulted In Great Bodily Injury Or The Death Of Another In The Past

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If at the time of the DUI offense you have previously been convicted of 1) violating section 9-3 of the Criminal Code of 1963 (which relates to Involuntary Manslaughter and Reckless Homicide), 2) a similar provision of a law of another state relating to reckless homicide in which you were determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or 3) if you have been previously convicted of an Illinois DUI that involved an accident resulting in great bodily harm or permanent disability or disfigurement to another when the DUI violation was the proximate cause of the injuries, or 4) if you have been previously convicted of an Illinois DUI that involved an accident involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft that resulted in the death of another person when the DUI violation was the proximate cause of the death, then, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 3 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.

This particular Class 3 felony is an offense that is punishable by up to 12 years in the penitentiary for which a sentence of probation or conditional discharge may not be imposed.

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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