What to Do if You Are Charged with Aggravated DUI in Illinois

 Posted on July 30, 2024 in DUI

Being charged with a DUI offense in Illinois is serious, particularly if the charges are for a second or third DUI offense. Even worse is being charged with aggravated DUI in the state, which is a Class X felony—the most serious criminal offense in Illinois. An Arlington Heights felony DUI attorney from [[time]] is necessary to build a strong defense on your behalf. Your attorney may be able to negotiate with the prosecutor to allow you to plea to a lesser offense, or if a conviction for aggravated DUI seems inevitable, negotiate for reduced sentencing.

What Makes a DUI Aggravated—and a Felony?

Under Illinois law, a DUI becomes an aggravated DUI when any of the following is true:

• The DUI occurred when the driver was driving on a revoked or suspended license.
• This is the driver’s third or fourth DUI within the past 10 years.
• A serious injury or death occurred as a result of impaired driving.
• The BAC of the driver is 0.16 percent or above—twice the legal limit.
• The impaired driver is driving a school bus with children on board.
• There is a child under the age of 16 in the vehicle at the time the driver is stopped for DUI.  

What Are the Illinois Penalties for an Aggravated DUI?

An aggravated DUI in Illinois is a felony and comes with some of the harshest punishments and penalties for this offense in the entire United States. Generally, in the state of Illinois, a conviction for an aggravated DUI can result in from six to 30 years in prison and fines as large as $25,000. The court could also order a revocation of driving privileges, community service, a substance abuse treatment program, probation of up to three years, and the mandatory installation of an ignition interlock device.

If you happen to be charged with aggravated DUI in Cook County, the penalties for the offense are even harsher. A person convicted of aggravated DUI in Cook County can face up to 112 years in prison and fines totaling up to $100,000. The severity of the penalty will probably be linked to the number of DUI convictions an individual has.

What is the Impact of an Aggravated DUI on a Driver’s License?

The length of the license suspension or revocation depends on the nature and severity of the aggravated DUI. A first offense for aggravated DUI—with no priors and when nobody was injured or killed—will likely result in a license revocation of one year. For repeat offenders, the license revocation could last as long as ten years—or even longer. Losing a driver’s license can have a significant impact on a person’s ability to work, attend school, and manage everyday tasks.  

Defenses to Aggravated DUI

While your specific defense will depend on the circumstances surrounding your arrest, there are several possible defenses your attorney could use, including:

• The legality of the initial traffic stop could be challenged. Police officers must have reasonable suspicion to initiate a traffic stop. If there was no reasonable suspicion, any evidence obtained during the stop could be inadmissible in court.
• The reliability of the breathalyzer test can be challenged in many ways. Breathalyzers are only accurate when they are properly calibrated and maintained, the officer is trained and certified, and the procedure for obtaining the breath is precisely followed. Individual differences and issues can also result in challenges to the breathalyzer, including a driver with diabetes, liver disease, or kidney disease, or a driver who has asthma and uses inhalers. Certain other drugs, professions, illnesses, and even being on the Keto diet can also result in a falsely high BAC.  

Contact a Rolling Meadows, IL Aggravated DUI Attorney

An arrest for an aggravated DUI in Illinois requires the assistance of a highly skilled attorney. You could benefit from having an Arlington Heights, IL aggravated DUI attorney with more than 25 years of experience practicing criminal law, first as a prosecutor and now as a criminal defense attorney. Because of this diverse experience, an attorney from Scott F. Anderson, Attorney at Law has unique insight into the best way to build a defense on your behalf. Contact Scott F. Anderson, Attorney at Law at 847-253-3400 to schedule a free consultation.