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Penalties For an Aggravated DUI in Illinois

Updated on October 20, 2023 → Under

The penalties for an aggravated DUI include up to one year in jail, fines up to $2,500, and a potential valid driver's license suspension of up to five years.

Additionally, an ignition interlock device may be required for a certain time. An aggravated DUI is defined as driving under the influence with a BAC of 0.08% or higher or driving impaired by any substance with a passenger under 16 years old e.g. a school bus. It's important to note that an accident or injury is not necessary for a conviction.

Refusing a breathalyzer test can result in an aggravated DUI charge and a twelve-month license suspension. Previous convictions may lead to increased penalties, including hours of community service and jail time with mandatory minimum sentences of 10 days in jail.

If you have been charged with a DUI offense or are a repeat offender, please contact the skilled DUI defense attorneys at Dohman Law Group for legal assistance. Call us today at 847-359-4005 to schedule a free consultation!

Criminal Charges for Aggravated DUI

If you are arrested for an Aggravated DUI in the state of Illinois, you can face serious criminal charges and potential penalties.

An aggravated DUI is a type of DUI that involves aggravating factors such as having a blood alcohol concentration (BAC) that is 0.16 or higher, drugged driving, or causing bodily harm while driving under the influence.

Felony or Misdemeanor?

An aggravated DUI under drunk driving laws in Illinois is considered a felony offense. This type of DUI is when a driver has three or more prior DUI convictions within the last 10 years, or if someone causes great bodily injury or permanent disability to another person while driving under the influence of alcohol.

a police officer giving a man a field sobriety test

If convicted of aggravated drunk driving charges or driving under the influence of drugs, an individual may face a maximum prison sentence of 12 years and be required to pay fines up to $25,000.

In addition to prison time and fines, the court may also order community service hours, a substance abuse treatment program, revocation of driving privileges, and/or the installation of an ignition interlock device on the offender’s motor vehicle.

Cook County, 1-12 Years, 6-28 Years

Cook County, Illinois has some of the harshest penalties for an aggravated DUI offense in the entire United States. If a person is convicted of an aggravated DUI in Cook County they can face up to 112 years in prison and fines totaling up to $100,000.

The severity of the criminal penalty for aggravated DUI charges is determined by the number of convictions a person has on their record.

Class X Felony Charges

In Illinois, an aggravated DUI is a Class X felony. It is the most serious type of criminal offense in Illinois and carries with it several significant penalties. The charges for an aggravated DUI can include fines of up to $25,000, prison terms of 6 to 30 years, probation of up to 3 years, community service hours, and suspension or revocation of the offender’s valid license.

Other Potential Penalties For an Aggravated DUI

In addition to the penalties for aggravated DUI in Illinois, other potential criminal charges could be imposed. Depending on the circumstances of the case and the severity of the offense, a person charged with an aggravated DUI may also face other criminal charges such as reckless driving, causing personal injury, leaving the scene of an accident, or failure to provide proof of insurance.

A person who is found guilty of any of these charges may be subject to additional fines, jail time, and other penalties.

Impact on Driver's License

Drivers convicted of aggravated DUI in Illinois may face additional penalties on top of the standard sanctions for a regular DUI. One such penalty is a potential driver’s license suspension or revocation. The length of the suspension or revocation depends on the nature and severity of the offense.

Influence of Alcohol and Bodily Harm on Penalties

In Illinois, the severity of penalties for an aggravated DUI depends on whether or not alcohol was involved and the extent of bodily harm caused. An aggravated DUI involves any form of serious injury to another person as a result of operating a vehicle while under the influence.

a man in his car driving with a bottle of alcohol in his hand

If alcohol is involved in an aggravated DUI incident, then penalties can include hefty fines, driver’s license suspension or revocation, and even a mandatory sentence of prison time. If there is no alcohol involved and the aggravated DUI caused bodily harm, then a person can still face serious penalties such as fines and a mandatory term of imprisonment.

Reckless Homicide and Injury Caused by Drunk Driving

In Illinois, the most serious charge associated with an aggravated DUI is reckless homicide and/or injury caused by a drunk driving-related motor vehicle accident.

This offense is a Class 4 felony and carries a minimum prison sentence of three years. In addition to incarceration, offenders convicted of this crime face fines that can range from $25,000 to $100,000 depending on the severity of the case. They may also be subject to a loss of driving privileges for at least one year.

Blood Alcohol Content Measurements and Speed Limit Violations

In the state of Illinois, a person convicted of aggravated felony DUI could face enhanced penalties. The most common factor leading to an aggravated DUI charge is when a person’s Blood Alcohol Content (BAC) exceeds 0.16 percent or higher. This level of intoxication above the legal limit is considered extreme and can lead to more severe punishments such as mandatory jail time, a permanent conviction on your driving record, community service, and suspension of vehicle registration.

a glass of alcohol next to a gavel with a car key sitting on it

In addition to a high BAC, other factors that can result in an aggravated DUI charge include speeding in an area with a restricted speed limit, driving without vehicle liability insurance, and driving with a restricted driving permit or revoked license.

Call Dohman Law Today!

If you are arrested for an aggravated DUI in Illinois, it is important to contact Dohman Law today. Our experienced and knowledgeable attorneys can provide you with legal representation and help ensure that your rights are protected throughout the entire process. We understand the complexity of an aggravated DUI case and how it can have lasting effects on your entire life, so we take every step necessary to fight for a positive outcome on your behalf.

At Dohman Law, our experienced defense team has the expertise to help you fight your drunk driver charges and work towards a positive outcome. Contact us today for a free legal defense consultation.

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