Illinois DUI Statute 625 ILCS 5.0/11-501-A
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Aggravated DUI Cases in Illinois
- IVC – AGG DUI/NO VALID DL
- IVC – AGG DUI/LIC SUSP OR REVOKED
- IVC – AGG DUI/3/PASS <16
- IVC – AGG DUI/3
- IVC – AGG DUI/4
- IVC – AGG DUI/ACCIDENT/DEATH
How many DUIs are a Felony in Illinois?
Driving a motor vehicle while under the influence of drugs or alcohol (DUI) is a serious offense. A first time DUI is typically a misdemeanor offense; however, any DUI that results in felony charges is called an Illinois Aggravated DUI. Depending on the circumstances, even a first DUI conviction can result in felony charges. Aggravated DUI charges have a mandatory sentence that cannot be waived even if probation is given. If convicted of Aggravated DUI, a mandatory minimum sentence of 10 days in jail or 480 hours of community service must be served.
What is an Aggravated DUI?
There are several offenses that fall under the term Illinois Aggravated DUI. You might also be wondering, is a DUI a felony in Illinois? The following chart shows the various offenses and their possible sentences.
|Aggravated DUI Offense||Charge||Possible Sentence|
|Third DUI||Class 2 felony|
|Fourth DUI||Class 2 felony|
|Fifth DUI||Class 1 felony|
privileges for life
|Sixth or subsequent DUI||Class X felony|
privileges for life
|DUI while driving a school bus with a passenger under the age of 18||Class 4 felony|
|DUI resulting in an accident causing great bodily harm or permanent disability or disfigurement||Class 4 felony|
|DUI after previously convicted of reckless homicide or Aggravated DUI with a death||Class 3 felony|
|DUI while in a school zone, involved in an accident with bodily harm||Class 4 felony|
|DUI on a revoked or suspended license||Class 4 felony|
|DUI without a license or permit||Class 4 felony|
|DUI without liability insurance||Class 4 felony|
|DUI when a child under 16 received bodily harm||Class 2 felony|
|Second or subsequent DUI while driving with a child under 16||Class 2 felony|
|DUI while transporting one or more person for hire||Class 4 felony|
|DUI resulting in a death||Class 2 felony|
Is a DUI in Illinois a felony or misdemeanor?
Sentencing for Aggravated DUI vary depending on the circumstances of the offense. The number of previous DUI convictions, Blood Alcohol Content (BAC) level, and presence of a minor all impact the sentence. Each subsequent DUI conviction results in stiffer penalties. Likewise, BAC levels higher than .16 (twice the legal limit) result in higher penalties. Similarly, the presence of a child under the age of 16 increases the sentence. Though the exact sentence may vary depending on the case, there are several penalties that any DUI conviction has in common:
- suspension of driving privileges
- suspension of vehicle registration
- required to carry high risk auto insurance
- complete drug/alcohol evaluation and treatment
- must meet requirements of Secretary of State’s Department of Administrative Hearings
- conviction will be a permanent part of driving record
Mandatory Minimum Sentence for Aggravated DUI
Since Aggravated DUI convictions are felonies, the possible sentence for an Aggravated DUI is much higher than a DUI conviction. Aggravated DUI convictions have a mandatory minimum sentence of:
- 10 days in jail; or
- 480 days of community service
Great Bodily Harm
If driving under the influence results in an accident that causes great bodily harm, permanent disability or disfigurement to another person than it is considered an Aggravated DUI. The term great bodily harm is vague and each case must be considered separately. For a conviction of this type of Aggravated DUI, the state would have to prove that the offender was driving while under the influence of drugs or alcohol and that he/she was involved in an accident that caused great bodily harm to another person. It would be up to the jury to decide if great bodily harm did in fact occur. Past cases show that great bodily harm is more serious than lacerations, bruises or abrasions which are considered bodily harm. Examples of great bodily harm include:
- loss of limb
- loss of functioning in a limb
- broken bones
- head, neck or spine injuries
- serious cuts or burns
- scarring or serious disfigurement
Hire a Chicago DUI Defense Attorney
Illinois DUI laws are complicated and possible sentences vary depending on the circumstances of the offense. Dennis Dwyer is a knowledgeable Chicago DUI Attorney that has studied the law and knows how to best way to defend your case. He has experience defending against Aggravated DUI charges and can help you secure the best possible outcome to your situation. The penalties for Aggravated DUI are severe; make sure to ensure your defense by having Dennis Dwyer represent you. Contact his office today to learn more.