What Makes a DUI an Aggravated Offense in Illinois?

 Posted on March 13, 2020 in Criminal Law

Any conviction for driving under the influence of alcohol or drugs will come with serious consequences, but the punishment can be even more severe if you are convicted for an aggravated DUI. Unlike a standard DUI, an aggravated DUI is certain to be at least a Class 4 felony and may come with mandatory prison time, larger fines, and longer driver’s license suspension periods. What constitutes an aggravated DUI in Illinois? There are several ways that your DUI charge can become aggravated:

1. Third DUI Conviction: If you have been convicted for DUI twice before, a third or fourth conviction will be a Class 2 felony. There is a minimum 90-day jail sentence if you also had a blood alcohol concentration of 0.16 percent or greater and a minimum $25,000 fine if you also had a passenger who was younger than 16. A fifth DUI conviction is a Class 1 felony, and a sixth DUI conviction is a Class X felony, which is the highest class of felony.
2. Injury or Death to Another Party: A DUI incident that results in injury can be a Class 4 felony but only if the injury caused great bodily harm in most cases. The charge is a Class 4 felony if you cause any harm to a passenger who is younger than 16 or to another person while in a school zone. A DUI incident resulting in the death of someone else is a Class 2 felony, with the minimum prison sentence being three years if one person died and six years if two or more people died. You may be able to get the charge reduced to a reckless homicide involving alcohol if prosecutors cannot prove that you were legally intoxicated, but that charge is still a Class 3 felony.
3. Second DUI Conviction: Even if a conviction would not be a third DUI, a second DUI conviction can be aggravated depending on other circumstances from the DUI incident. A DUI conviction is a Class 3 felony if you were previously convicted of reckless homicide involving alcohol or a DUI resulting in great injury or death. A second DUI conviction is a Class 2 felony if you were transporting a passenger younger than 16 during your second arrest.
4. License and Insurance: A DUI conviction is a Class 4 felony if your driver’s license was suspended or revoked, you did not have a valid driver’s license, or you knowingly drove without auto insurance.

Contact a Wheaton, Illinois, Criminal Defense Lawyer

Preventing a DUI conviction can save you from years in prison, thousands of dollars in fines, and a criminal record that follows you for the rest of your life. A DuPage County criminal defense attorney at Stephen A. Brundage, Attorney at Law, understands the importance of your case and how to contest a DUI charge. To schedule a consultation, call 630-260-9647.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501