Aggravating Factors in Illinois DUI Cases

 Posted on November 30, 2023 in DUI

Driving under the influence is a serious matter in Illinois. With the average cost of a DUI conviction in Illinois costing over $18,000, an offender may have to pay a steep fine and face losing certain civil rights.

Penalties for a DUI can vary based on whether the driver was transporting children, if the driver had any prior offenses if your blood alcohol content is excessively elevated, and if anybody was injured.

Aggravating factors can result in your DUI being charged as a felony, also increasing jail time and potential fines. If you are facing aggravated DUI charges, you need to speak with an Arlington Heights DUI defense lawyer as soon as possible.

What is an Aggravated DUI?

An aggravated DUI is a DUI charge with the presence of aggravating factors. Aggravating factors in a DUI may include, but are not restricted to:

• Driving a school bus while drunk with minors on board
• Driving intoxicated, resulting in great bodily harm, disfigurement, or permanent disability to someone else
• If you commit a DUI in which you are driving without a valid driver’s license or permit
• If it is your second or subsequent DUI while driving a child under the age of 16
• If it is your third or subsequent DUI
• If you commit a DUI while transporting a child under the age of 16, resulting in a crash that causes the child great bodily harm
• If you commit a DUI after a previous conviction for reckless homicide while intoxicated or if you cause another’s death
• If your blood alcohol content (BAC) is .16 or higher at the time of your arrest

Possible Punishments for an Aggravated DUI

In Illinois, an aggravated DUI is classified as any DUI offense that results in a felony charge. Depending on your circumstances, an aggravated DUI can range from a Class 4 felony to a Class X felony.

Punishments for a Class 4 felony include:

• Potential jail time of 1-3 years; fines of up to $25,000

If the DUI resulted in great bodily harm, punishment may include:

• Potential jail time of up to 12 years
• Revocation of driver’s license for two years
• Mandatory 10 days of imprisonment or 480 hours of community service (with probation or conditional discharge)

Punishments for a Class 3 felony include:

• Prison sentence of 2-5 years
• Potential $25,000 fine

Punishments for a Class 2 felony include:

• Prison sentence of 3-7 years; fine of up to $25,000
• If your DUI caused someone’s death, then you will be sentenced to prison for 3-14 years, a fine of up to $25,000
• If your DUI caused multiple deaths, then you will be sentenced to prison for 6-28 hours, a fine of up to $25,000
• License revoked for a minimum of 10 years
• Vehicle registration suspended

Punishments for a Class 1 felony include:

• Imprisonment of 4-15 years
• Potential $25,000 fine

Punishments for a Class X felony include:

• Imprisonment of 6-30 years
• Potential $25,000 fine

Fourth and fifth-time convictions result in your driving privileges being suspended for life. If you have been charged with a DUI, there are ways to fight these charges. A Rolling Meadows DUI defense lawyer will be able to assist you in building the strongest defense.

An Arlington Heights, IL DUI Defense Lawyer Protecting Your Rights

A felony DUI can follow you for the rest of your life. Besides having a criminal record, a DUI conviction can also impact employment and housing opportunities. If you are facing a felony DUI, you need a Rolling Meadows, IL DUI defense lawyer you can rely on. Contact Scott F. Anderson, Attorney at Law today online or by calling 847-253-3400 to schedule your free consultation.