Driving a vehicle while under the influence of alcohol or drugs (DUI) is a severe offense in Illinois. A first-time driving under the influence of drugs or alcohol offense is a misdemeanor offense; however, any drunk driving charge that results in felony charges is an Aggravated DUI in Illinois. Depending on the circumstances of a DUI, even a first DUI conviction can cause felony charges. Aggravated DUI carries a mandatory sentence, which can't be waived even if you receive probation. If convicted of Aggravated DUI, the DUI offender must serve a mandatory minimum sentence of 10 days in jail or 480 hours of community service.
If you're facing an aggravated DUI in Illinois, it's crucial to contact an experienced DUI criminal defense attorney. At Dohman Law Group, our skilled Rolling Meadows Dui criminal defense lawyers can help you get your DUI charges reduced or even dismissed. To schedule a free initial consultation, contact our Cook County criminal defense law firm today at847-359-4005.
In each DUI case, the prosecutor must prove that the DUI offender violated the law in some way, such as driving with a blood alcohol concentration (BAC) of 0.08 or more or driving with any amount of a controlled substance in the system.
If you're charged with aggravated DUI, the proof is the same, but there are additional facts that trigger a harsher sentence. For instance, if the DUI offender is charged with aggravated DUI, such as a Class 4 felony for not having a valid license while committing the intoxicated driving offense, the prosecutor's case must establish: a) the defendant had a blood alcohol content of at least 0.08; and 2) they didn't have a valid driver’s license. The prosecutor must prove each fact beyond a reasonable doubt.
The following elements constitute aggravated DUI under Illinois drunk driving laws:
Learn More: How To Beat a DUI in Illinois
However, it's essential to note that the judge must sentence the offender to at least 480 hours of community service or 10 days in jail unless the judge sentences the defendant to prison.
If you're facing aggravated DUI charges in Illinois, any of the standard defenses that apply to an intoxicated driving charge can still be used to protect you against the enhanced charge. These defenses may include:
However, for aggravated drunk driving charges, the prosecutor must prove the additional element that underlies the aggravated charge to the judge or jury. Also, the prosecution must meet the beyond a reasonable doubt standard for this extra element, too. This gives your DUI criminal defense attorney a valuable opportunity to challenge your charges, defend your rights, and fight the evidence presented against you. If successful, the aggravated element of the DUI charge can be beaten, reducing the severity of the overall DUI charge and reducing the criminal penalties that you could face.
The experienced Chicago DUI criminal defense attorneys at Dohman Law Group have represented thousands of drunk drivers charged with DUI charges – including aggravated DUI charges – in Cook County, DuPage County, Kane County, Lake County, Kendall County, and throughout Illinois. If you have been arrested and charged with drinking and drugged driving, you need the skills of our qualified attorneys in the courtroom to get the most favorable outcome in your DUI case. Call Dohman Law Group anytime to talk to an experienced lawyer about your DUI criminal charge. Contact our defense team today at847-359-4005 for a no-cost case review.