Illinois Aggravated DUI: Factors that Can Increase the Penalty of Conviction in Your DUI Case

 Posted on August 01,2016 in DUI

Arlington DUI defense attorneyAnyone who is caught driving with a blood alcohol content (BAC) of 0.8 or higher becomes subject to Illinois’ aggressive DUI program. Further, there are certain factors and considerations that can change that DUI charge to an aggravated DUI, which is considered a felony. If you or someone you love has recently been arrested for drinking and driving, know what these factors are, how they can impact a DUI case, and what can be done to pursue the most favorable outcome possible.

Factors and Considerations in an Aggravated DUI

To determine charges and sentencing in a DUI case, judges look at mitigating and aggravating factors and weigh them against the state’s minimum and maximum sentencing guidelines. When mitigating factors (those that may lessen the impact of a DUI) are present – such as having an otherwise clean driving record or being just over the legal limit – the judge may consider a sentence closer to the minimum guidelines. In contrast, aggravating factors (those that indicate severe recklessness) can negatively impact your case and result in a sentence closer to the maximum penalty under law. In particular, there are certain aggravating factors that can lead to an aggravated DUI, including:

  • Third or subsequent DUI conviction over the life of the driver;
  • Second or subsequent DUI conviction involving the transport of a child under the age of 16;
  • Driving a for-hire vehicle with one or more passengers while intoxicated;
  • Driving a school bus with one or more passengers under 18 while intoxicated;
  • Driving intoxicated with a license suspended for a DUI;
  • Driving under the influence in a school zone with restricted speed in effect that resulted in bodily harm;
  • Leaving the scene of an accident in which someone was injured or killed;
  • Reckless homicide;
  • DUI resulting in a death of another person;
  • DUI after a previous conviction of reckless homicide or aggravated DUI involving death;
  • DUI committed without a valid license and/or insurance.
  • Minimum Consequences for an Aggravated DUI

If your DUI charge is upgraded to an aggravated DUI, the classification of your charge is moved to a felony. Conviction under this charge removes the chances of having any portion of your sentence suspended or reduced, including jail time and/or community service. Furthermore, if convicted, you must also at least 480 hours community service and at least 10 days in jail. Keep in mind that this is only the minimum sentencing for an aggravated DUI charge, and that other, additional charges could be added to your case.

Skilled Criminal Defense for Your Aggravated DUI Case

When facing criminal charges, it is critical to ensure that you have an aggressive advocate on your side, willing to defend your rights. Backed by more than 25 years of experience, the Law Offices of Scott F. Anderson, have the skills, knowledge, and resources to pursue the most favorable outcome possible in your aggravated DUI case. To learn more about how we can help with your unique situation, contact our Arlington, Illinois DUI defense attorneys today. Call 847-253-3400. 


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