Chicago Criminal Lawyer Blog
As an experienced criminal defense attorney in Chicago, I understand the profound impact that aggravated DUI charges can have on your life. DUI, or driving under the influence, is a serious offense in Illinois, but when certain aggravating factors are present, the charges and penalties become significantly more severe. Aggravated DUI charges carry harsher consequences, including longer jail sentences, higher fines, and more substantial long-term impacts on your personal and professional life. In this article, I will provide detailed information about aggravated DUI charges in Illinois, the relevant statutes, potential penalties, and common questions related to these charges.
Understanding the Statute and Relevant Laws
In Illinois, DUI offenses are primarily governed by 625 ILCS 5/11-501. This statute outlines the legal definition of driving under the influence and the penalties associated with DUI offenses. According to 625 ILCS 5/11-501, a person commits DUI when they drive or are in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof, to a degree that renders them incapable of safely driving. A blood alcohol concentration (BAC) of 0.08% or higher also constitutes DUI.
Aggravated DUI is a more serious charge that applies when certain aggravating factors are present. These factors elevate a standard DUI to an aggravated DUI, resulting in more severe penalties. Some common aggravating factors include:
- Driving under the influence while transporting a child under the age of 16
- Driving under the influence and causing an accident that results in great bodily harm, permanent disability, or disfigurement to another person
- Driving under the influence without a valid driver’s license or with a suspended or revoked license
- Having two or more prior DUI convictions
- Committing DUI while driving a school bus with one or more passengers
- Driving under the influence and causing a fatal accident
Under 625 ILCS 5/11-501(d), these aggravating factors can elevate a misdemeanor DUI to a felony offense, with varying classes of felonies depending on the specific circumstances of the case. For example, causing great bodily harm while driving under the influence can result in a Class 4 felony, while a third DUI offense can result in a Class 2 felony.
Understanding these statutes and the specific circumstances that can lead to aggravated DUI charges is crucial for anyone facing these serious allegations. The presence of aggravating factors not only increases the severity of the charges but also the potential penalties and long-term consequences.
Illinois Aggravated DUI Frequently Asked Questions (FAQs)
What constitutes an aggravated DUI in Illinois?
An aggravated DUI in Illinois occurs when certain aggravating factors are present during a DUI offense. These factors include driving under the influence while transporting a child under the age of 16, causing an accident that results in great bodily harm or death, driving without a valid license, or having multiple prior DUI convictions. These aggravating factors elevate a standard DUI to a felony offense, resulting in more severe penalties.
What are the penalties for an aggravated DUI in Illinois?
The penalties for an aggravated DUI in Illinois vary depending on the specific aggravating factors and the class of felony. Penalties can include significant fines, extended jail or prison sentences, probation, mandatory alcohol and drug treatment programs, community service, and the installation of an ignition interlock device. For example, a Class 4 felony aggravated DUI can result in 1-3 years in prison and fines up to $25,000, while a Class 2 felony can result in 3-7 years in prison.
Can I lose my driver’s license for an aggravated DUI?
Yes, an aggravated DUI conviction can result in the suspension or revocation of your driver’s license. The length of the suspension or revocation depends on the specific circumstances of the case, including the number of prior DUI convictions and the presence of any aggravating factors. In some cases, the court may also require the installation of an ignition interlock device as a condition for regaining driving privileges.
What should I do if I am arrested for an aggravated DUI?
If you are arrested for an aggravated DUI, it is crucial to remain calm and cooperate with law enforcement. Do not resist arrest or make any statements without consulting with an attorney. Contact a criminal defense attorney as soon as possible to discuss your case and begin preparing your defense. Your attorney can help you understand your rights and the legal process, and will work to protect your interests throughout the proceedings.
Can I fight an aggravated DUI charge?
Yes, it is possible to fight an aggravated DUI charge with the help of an experienced criminal defense attorney. There are several potential defenses that can be used to challenge the charges, including disputing the legality of the traffic stop, challenging the accuracy of field sobriety tests and breathalyzer results, and arguing that the aggravating factors do not apply in your case. Your attorney can help you develop a strong defense strategy based on the specific facts and circumstances of your case.
Why is it important to have an attorney for an aggravated DUI charge?
An aggravated DUI charge carries severe penalties and long-term consequences, making it crucial to have skilled legal representation. An experienced attorney can help you understand the charges against you, identify weaknesses in the prosecution’s case, and develop a strong defense strategy. Your attorney can also negotiate with the prosecution for reduced charges or alternative sentencing options, and provide guidance and support throughout the legal process.
The Importance of Legal Representation
Facing allegations of an aggravated DUI is a serious matter that requires skilled legal representation. Here’s why you need an attorney and why you should choose The Law Offices of David L. Freidberg:
Aggravated DUI laws and procedures in Illinois are complex, and understanding them requires in-depth knowledge and experience. An experienced attorney who understands these laws can provide the necessary expertise to develop a strong defense strategy. Your attorney will ensure that your rights are protected throughout the legal proceedings, from the initial arrest to the trial.
A knowledgeable attorney can identify weaknesses in the prosecution’s case and present a robust defense on your behalf. This can include challenging the evidence presented by the prosecution, presenting evidence and arguments to support your defense, and negotiating for reasonable modifications to your probation conditions.
In many cases, an attorney can negotiate with the prosecution and the court for reduced penalties or alternative sentencing options. This can involve advocating for continued probation with the same or modified conditions, arguing for a reduction in fines or restitution, or seeking community service or treatment programs as alternatives to incarceration.
Facing an aggravated DUI can be incredibly stressful and emotionally taxing. An attorney can provide guidance, support, and reassurance throughout the process, helping you navigate the legal system and make informed decisions about your defense.
Call The Law Offices of David L. Freidberg For Your Free Consultation
If you are facing allegations of an aggravated DUI in Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.
