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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.

Source:

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

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Written by Staff Writer

March 12th, 2018 at 3:39 pm

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