(312) 544-9909

Aggravated DUI in Illinois

In Illinois—as in all states—it’s a crime to operate a vehicle with a BAC (blood alcohol content) of .08 or higher.

What Is The Difference Between DUI And Aggravated DUI?

The penalties for a DUI are serious because every state considers this to be a  serious criminal offense.

An aggravated DUI is when a person is found to be committing another offense in addition to driving under the influence of alcohol and/or drugs. An arrest for an aggravated DUI is a very serious matter. A felony DUI conviction can be a life-changing event, not just for you but your entire family.

How serious is an Aggravated DUI?

In the state of Illinois, a DUI is typically classified as a Class A misdemeanor. The maximum sentence is one year of prison time. A DUI can become a felony due to certain aggravating factors with the maximum sentence of more than one year in county jail.

What Are the Factors That Make a DUI a Felony In Illinois?

A DUI is a felony in the state of Illinois if one of the following 11 aggravating factors are present. If one of these 11 aggravating factors are present, a DUI can be upgraded to a felony, even if the person does not have a criminal background.

Here are the factors that make a DUI a felony in Illinois:

1) A 3rd or subsequent DUI arrest will always be charged as a felony DUI.

2) Receiving a DUI while driving a school bus containing children under the age of 18 on board.

3) A DUI which results in a car accident where a person suffers permanent disability or great bodily harm and the cause of the injury is due to the fact that the defendant was drinking and driving.

4) A drunk driving charge becomes an aggravated DUI if the DUI offender has a prior reckless homicide conviction based upon impairment or intoxication.

5) A DUI is a felony in Illinois if the DUI occurs within a school zone and a car crash happened because of the DUI and another person suffered bodily harm.

6) A DUI is a felony in Illinois if the DUI was the proximate cause for someone’s death.

7) A driving while impaired charge is a felony in Illinois if the DUI occurred when the person’s driving license was revoked or suspended as a result of prior DUI, a statutory summary suspension, or reckless homicide.

8) A DUI is a felony in Illinois if the offender did not have a valid driver’s license at the time of the DUI offense.

9) An aggravated DUI occurs when the driver was aware of the fact that the car they were driving was not properly insured.

10) A driving while impaired charge is a felony in Illinois if the DUI was the proximate cause of bodily harm to a child who is under the age of 18.

11) An aggravated DUI occurs if the DUI offender had passenger under the age of 16 and the person has a prior DUI.

Call for a consultation

An attorney’s counsel is strongly advised if arrested for a DUI with aggravating factors (such as an elevated BAC). This is because when aggravating factors are present, the penalties are much more severe and the effects can stay with you for much longer than a typical DUI in Illinois.

Chicago DUI Lawyers will work to get you connected with a competent attorney regarding your aggravated DUI in Illinois.