Aggravated DUI

Are you charged with Aggravated DUI or Felony DUI?  

Aggravated DUI is sometimes called Felony DUI. It is essentially a normal DUI charge (see our article on DUI’s) with additional facts which increase the possible penalty from a misdemeanor DUI to a felony DUI charge. Our attorneys include former prosecutors who now exclusively defend cases in criminal court in Southern Illinois. Many people talk about fighting a case and  beating it but our Attorneys can give you the advice and representation you need to achieve the best outcome in your case. Continue reading for more information about Agg. DUI charges and how they may affect you.  

Different Aggravated DUI Charges

In addition to the normal DUI elements, Aggravated DUI’s include one or more of the following factual scenarios:

1. Third or subsequent misdemeanor DUI conviction is upgraded to aggravated DUI. 625 ILCS 5/11-501(d)(1)(A). 
2. The DUI occurred while the defendant was driving a school bus with passenger(s). 625 ILCS 5/11-501(d)(1)(B). 
3. The DUI resulted in a motor vehicle accident where another person experienced “great bodily harm” or permanent disability or disfigurement. 625 ILCS 5/11-501(d)(1)(C). If convicted this charge carries a minimum term of imprisonment of not less than one year and not more than 12 years. 
4. The defendant is convicted for DUI and was also previously convicted for reckless homicide resulting from DUI. 625 ILCS 5/11-501(d)(1)(D). If convicted this charge is a Class 3 felony and probation or conditional discharge are not allowed in place of prison time. 
5. The Defendant, while driving in a school speed zone and while the speed zone is in effect was driving under the influence and became involved in a motor vehicle accident which resulted in bodily harm as a result of the DUI. 625 ILCS 5/11-501(d)(1)(E). 
6. The Defendant while committing a DUI offense involving a motor vehicle, snowmobile, or watercraft accident caused the death of another person. 625 ILCS 5/11-501(d)(1)(F). If convicted this charge is a Class 2 Felony and carries a minimum term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the death of 2 or more persons. 
7. The DUI occurs while the Defendant’s driver’s license is revoke or suspended for a previous DUI violation or reckless homicide conviction. 625 ILCS 5/11-501(d)(1)(G). 
8. The Defendant committed a DUI when they did not possess a driver’s license or permit. 625 ILCS 5/11-501(d)(1)(H). 
9.  The DUI occurred when the Defendant knew or should have known that the vehicle they were driving did not have liability insurance coverage. 625 ILCS 5/11-501(d)(1)(I). 
10. The Defendant committed a DUI resulting in bodily harm, but not “great bodily harm” to a child under 16 years old who was being transported by the Defendant. 625 ILCS 5/11-501(d)(1)(J). If convicted this charge carries a mandatory fine of $2,500 and 25 days of community service. 
11. The Defendant had a prior DUI conviction and this DUI occurred while driving a person under the age of 16. 625 ILCS 5/11-501(d)(1)(K). If convicted, this charge is a Class 2 felony and carries a mandatory fine of $2,500 and 25 days of community service unless the child suffered bodily harm in which case the minimum fine is $5,000. 
12. The DUI occurred while transporting passenger(s) in a vehicle for hire. 625 ILCS 5/11-501(d)(1)(L).  

Possible Penalties 

Probation or conditional discharge – Any person convicted of Agg. DUI and who recives a term of probation or conditional discharge instead of prison is required to serve a minimum of either 480 hours of community service or 10 days of imprisonment. 

A first or second violation for Aggravated DUI are Class 4 felonies which are punishable by not less than one year and not more than 3 years in prison and a fine of not more than $25,000. 

A third violation for Agg. DUI is a Class 2 felony which is punishable by a term of imprisonment of not less than 3 years and not more than 7 years and a fine of not more than $25,000. In addition, if your blood alcohol content (BAC) is greater than .16 then there is a mandatory minimum of 90 days imprisonment and minimum fine of $2,500. If the offense occurs while transporting a child under the age of 16 there is a mandatory fine of $25,000 and 25 days of community service. 

A fourth violation for Agg. DUI is a Class 2 felony which is punishable in the same way as a third violation except the court is not allowed to sentence you to probation or conditional discharge instead of prison time and, if your BAC exceeds .16 the fine is $5,000. 

A fifth violation for Agg. DUI is a Class 1 felony punishable by imprisonment for not less than 4 years and not more than 15 years and the court cannot order probation or conditional discharge. The fines and BAC fine is the same as for a fourth violation. 

A sixth or subsequent violation for Agg. DUI is a Class X felony which is punishable by imprisonment for not less than 6 years and not more than 30 years. The fines and BACE fine is the same as for a fourth violation. 

Secretary of State 

Any DUI arrest or conviction affects your driver’s license. Any attorney can help you seek a rescission of the Statutory Summary Suspension (SSS) or request a monitoring device drivers permit (BAIID) device so that you can get back to driving as soon as possible. After your criminal charges are handled and attorney can help you seek reinstatement of your driving privileges through a reinstatement hearing.

How We Can Help 

Our attorneys vigorously defend DUI charges. When you come in for a consultation we will gather information about your case so that we can detect any possible grounds for motions to dismiss the charge before going to trial. If your case does not fit that then we will discuss all of your options with you including going to trial and plea negotiations. We want to help you achieve the best possible outcome for your case.

Call Today or Request a Consultation Online

Our Attorneys would be glad to quote you a rate to handle your case. Failure to appear or take care of it can have drastic consequences including having a warrant issued. Call today or submit a consultation request so that we can discuss your case!