What Does Aggravated DUI Mean?

Illinois defense attorney, Illinois criminal law, Illinois criminal lawyer,In Illinois, DUIs can be ruled misdemeanors or felonies. In all cases, a person must be found guilty of operating a vehicle under the influence of drugs or alcohol beyond the legal limit. Most first-time DUIs are misdemeanors, but in some circumstances, even first time DUI charges can be enhanced to felony charges. DUI charges can be increased from misdemeanor charges to felony charges if any number of aggravating factors are present.

If prosecutors find that aggravating factors present and increase the DUI to a felony, it is now an aggravated DUI. While it is important to consult an experienced Illinois DUI attorney no matter your DUI charges, those facing aggravated DUI charges should seek the help of an attorney skilled in DUI defense immediately, as the sentences for felony charges are much harsher than misdemeanors.

Aggravating Factors

When prosecutors and judges review a DUI case, they look for a number of mitigating and aggravating factors. Mitigating factors, such as being a first time DUI offender with no past record, are positive reasons to be more lenient. Aggravating factors, on the other hand, can lead to tougher sentences. A DUI can be enhanced to a felony if:

  • The driver has two past DUIs or more;
  • The driver was in a school zone and caused great bodily harm to someone else;
  • The driver caused an accident that led to disability, disfigurement, or great bodily harm to others;
  • The driver has never received a driver’s license, or their license is expired or otherwise invalid;
  • The driver was operating a school bus with passengers aged 18 and under on board;
  • The driver’s DUI lead to death of another;
  • The driver has a revoked or suspended driver’s license due to a past DUI charge; and
  • The driver caused an injury or death and left the scene.

If found guilty of an aggravated DUI in Illinois, the law requires a mandatory minimum sentence of 10 days in jail or 480 community service hours that can not be waived. Beyond that, many aggravated DUIs have much stricter possible sentences. A fourth DUI charge, for example, is considered a Class 2 felony, and sentences range from three to seven years in prison as well as loss of driving privileges for life. A DUI resulting in the death of another is a Class 2 felony in Illinois and sentences range from one to 12 years in prison.

Attorneys with DUI Experience

If you are facing aggravated DUI charges or any DUI charges for that matter, it is important to seek the immediate help of a knowledgeable Chicago area DUI defense attorney. Regardless of whether your DUI is being classified as a misdemeanor or a felony, it still must be proven that you operated a vehicle while intoxicated. The skilled team at the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney are available to assist anyone facing DUI charges. We offer 24/7 consultations, so call us today at 312-270-0999 to set up a time to review your case.

 

Source:

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

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