Laws and Penalties for Aggravated DUI/DWI in Illinois

Driving under the influence (DUI) is a serious offense in Illinois. A first-time DUI is typically charged as a misdemeanor, but there are circumstances where a DUI can become a felony charge known as aggravated DUI. Aggravated DUI carries much harsher penalties, including mandatory jail time, longer license suspensions, and higher fines[1].

What Makes a DUI Charge Aggravated in Illinois?

According to Illinois law[2], a DUI becomes aggravated if any of the following apply:

• It’s the driver’s third or subsequent DUI offense – This makes it a Class 2 felony with 3-7 years in prison[1][3]
• Driving a school bus with passengers under 18 on board – Class 4 felony, 1-3 years in prison[3]
• Causing an accident resulting in great bodily harm or permanent disability/disfigurement to another person – Class 4 felony, 1-12 years in prison[1]
• Second DUI offense with a prior reckless homicide/DUI involving death conviction – Class 3 felony, 2-5 years in prison[4]
• Driving in a school zone and causing an accident involving bodily harm – Class 4 felony, 1-3 years in prison[5]
• Causing the death of another person – Class 2 felony, 3-14 years for 1 death, 6-28 years for 2+ deaths[3]
• DUI while license suspended/revoked for a prior DUI or related offense – Class 4 felony, 1-3 years in prison[5]
• DUI with an invalid, expired, or no driver’s license – Class 4 felony, 1-3 years in prison[5]
• DUI without auto insurance – Class 4 felony, 1-3 years in prison[5]
• DUI accident injuring a passenger under 16 – Class 2 felony, 3-7 years in prison[6]

As you can see, many aggravated DUIs in Illinois are charged as Class 4 felonies punishable by 1-3 years in prison and fines up to $25,000[4]. But certain circumstances can make it a Class 2 or 3 felony with even harsher penalties.

Enhanced Penalties for Aggravated DUI

An aggravated DUI conviction comes with a mandatory minimum sentence of 10 days in jail or 480 hours community service[1]. Probation is not an option unless the court sentences the offender to prison instead[3].

Other enhanced penalties include[3]:

• 3rd DUI – Mandatory minimum fine of $2,500 and 90 days jail if BAC was 0.16+; $25,000 fine and 25 days community service if transporting a minor
• 4th DUI – $25,000 fine and 25 days community service if transporting a minor
• 5th DUI – Class 1 felony; $25,000 fine and 25 days community service if transporting a minor
• 6th+ DUI – Class X felony; Minimum $5,000 fine; $25,000 fine and 25 days community service if transporting a minor

As you can see, aggravated DUI penalties quickly escalate based on prior offenses and other circumstances. Even first-time aggravated DUIs are significantly harsher than a regular misdemeanor DUI.

Defenses Against Aggravated DUI Charges

Many standard DUI defenses also apply to aggravated DUI charges[5]:

• No probable cause – The officer lacked valid reason to stop or arrest you
• Faulty chemical test – Errors in administering breath, blood, or field sobriety tests
• Fourth Amendment violations – Issues with search, seizure, or interrogation
• Inaccurate chemical test results – Factors affecting blood alcohol content
• Medical conditions – Health issues that mimic signs of intoxication

If the aggravated element of the charge can be challenged, the DUI may be reduced to a misdemeanor with lighter penalties. An experienced DUI defense attorney can review the details of your case and build the strongest defense.

Finding an Aggravated DUI Lawyer in Illinois

Being charged with aggravated DUI is extremely serious. You need an attorney with extensive DUI defense experience to protect your rights. Look for a lawyer who:

• Focuses specifically on DUI/DWI defense
• Has a proven record of success handling aggravated DUI cases
• Is familiar with the prosecutors and judges in your jurisdiction
• Will thoroughly examine the evidence, challenge improper procedures, and build the strongest case for dismissal or reduction of charges

Don’t leave your fate in the hands of an overworked public defender. Hire an experienced aggravated DUI lawyer to fight the charges and achieve the best possible outcome. The penalties for aggravated DUI are severe, so it’s critical to have the best defense attorney you can afford.

Conclusion

Getting arrested for aggravated DUI in Illinois brings a major felony charge with harsh mandatory minimum penalties. Even first offenses come with mandatory jail time and fines in the thousands. Subsequent aggravated DUIs quickly escalate to lengthy prison sentences.

Don’t take chances by pleading guilty or trying to fight the charges alone. Work with an experienced aggravated DUI attorney to examine the arrest details and build a targeted defense to get the charges reduced or dismissed. An effective lawyer can make all the difference in avoiding devastating aggravated DUI penalties.