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Archive for the ‘aggravated DUI’ tag

What is an Aggravated DUI?

March 12th, 2018 at 3:39 pm

aggravated DUI, DUI charge, felony DUI, Illinois automobile insurance, Rolling Meadows criminal defense attorneysIn Illinois, the more a person is charged with driving under the influence (DUI), the harsher the penalties get. The different types of DUI charges that are possible in Illinois are outlined in 625 ILCS 5/11-501.

A DUI can be classified as both a felony and misdemeanor. An aggravated DUI is a felony DUI. You can be charged with a felony DUI, even if it is your first DUI arrest or charge.

Proving an aggravated DUI is the same as proving a misdemeanor. The prosecutor must show that the defendant broke a law in some way, most often driving with a blood alcohol content of more than 0.08 percent.

In addition to proving a violation of law, there are 11 circumstances that can elevate a misdemeanor DUI to an aggravated DUI. The following are the circumstances that make a DUI a felony:

  • The charge is the 3rd or subsequent DUI charge. A DUI arrest will always be a felony if you have two or more prior DUI convictions;
  • Driving a school bus with children under the age of 18 on board;
  • Driving under the influence that results in a car accident with a victim who suffers permanent disability to great bodily harm. This injury must be caused because you were driving under the influence;
  • Having a reckless homicide conviction on your record because of intoxication or impairment;
  • Having an accident in a school zone where another person suffered bodily harm;
  • The DUI being the proximate cause of death of another;
  • Being arrested for a DUI while having a suspended or revoked license. The suspended or revoked license must be the result of a prior DUI, statutory suspension, or reckless homicide.
  • Not having a valid license at the time of the DUI offense;
  • Driving a car that you know is not insured;
  • Being the proximate cause of bodily harm to a child; and
  • Committing a DUI with a passenger that is under the age of 16 and you already have another DUI.

How Serious is an Aggravated DUI?

Any kind of DUI conviction can be detrimental to you and your family, but an aggravated DUI can create many more problems. A misdemeanor DUI has a maximum sentence of less than one year. A felony offense can carry a much higher jail or prison sentence. A felony DUI carries a prison sentence of one year or more. In addition, there is a maximum fine of $25,000.

Reach Out to an Attorney for Help

If you are facing criminal charges, you should contact an attorney immediately. Choose an attorney with the experience and skill to represent you. The Law Offices of Christopher M. Cosley can defend you zealously in an aggravated DUI case. Our Rolling Meadows criminal defense attorney can provide an effective defense. Contact us today for a free consultation.


Reckless Homicide Charges in Motor Vehicle Accidents

October 28th, 2015 at 6:43 pm

Illinois defense attorney, Illinois homicide statutes, Illiois criminal attorney,Accidentally killing another person with a vehicle is a tough thing to live with, and while the defendant never meant to take a life, he or she will likely be prosecuted if there is evidence to suggest that the driver acted negligently in some way, and that the negligence led to the death. Frequently, defendants in these types of situations find themselves facing criminal charges, and based on the facts surround the fatal accident, additional charges can be brought against the defendant as well that carry more severe penalties.

Reckless Homicide, Plus Other Charges

The exact details of the accident can have an impact on what charges can be brought against the defendant. As an initial matter, when a motor vehicle accident results in a fatality, an allegedly negligent driver is usually charged with reckless homicide under 720 ILCS 5/9-3, which is a Class 3 felony that carries a jail sentence of between two and five years. But other negligent actions can add to the charges.

For example, the penalties for a driving under the influence conviction are severe enough on their own, but when a death occurs, prosecutors charge defendants with everything in their arsenal. When a fatal accident results from someone driving under the influence of drugs or alcohol, the defendant can be charged with aggravated DUI under 625 ILCS 5/11-501(d)(1)(F) in addition to the reckless homicide.

Where the fatal accident takes place can serve as evidence of negligence, this can result in enhanced penalties and additional charges. For instance:

  • Work zone. Under  720 ILCS 5/9-3(e-7), a fatal accident occurring in a work zone  (i.e., a construction zone or maintenance zone), is a Class 2 felony that carries a jail sentence of three for 14 years. If multiple people are killed as a result of the accident, the sentence minimum and maximum double to six to 28 years under 720 ILCS 5/9-3(e-8).
  • Under Officer’s Orders. Also under 720 ILCS 5/9-3(e-7), if a driver fails to obey a law enforcement officer’s orders and causes a fatal accident, the driver will be charged with a Class 2 felony carrying a jail sentence of three to 14 years.  If multiple people are killed as a result of the accident, the sentence minimum and maximum double to six to 28 years under 720 ILCS 5/9-3(e-8).
  • School zone. Under 720 ILCS 5/9-3(e-2), a fatal accident occurring on a public thoroughfare where either school children or a crossing guard are present is a Class 2 felony, which can carry up to three to 14 years of jail time. If multiple people are killed as a result of the accident, the sentence minimum and maximum double to six to 28 years under 720 ILCS 5/9-3(e-3).

Call the Law Offices of Christopher M. Cosley

Simply because you accidentally killed another does not necessarily mean that you or someone you love was negligent. Fight the charges. Please contact an experienced Rolling Meadows aggravated DUI lawyer immediately. Call the Law Offices of Christopher M. Cosley. Our phone number is (847) 394-3200.



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