When a DUI Becomes a Felony: Understanding Aggravated DUI Charges Under Illinois Law
It’s stressful having a DUI/arrest, and the possibility of a misdemeanor charge is definitely not any better. The possibility of an aggravated DUI is much worse, as it is a felony that can have incredibly serious consequences. Illinois DUI laws can help or hurt your case depending on the situation. Knowing them can lead to a better future, or if they are ignored to the possibility of losing your future to many years in prison.
What are the Key Differences between Aggravated DUI and Standard DUI
Firstly, it is important to understand how the Illinois legal system usually handles DUIs. The vast majority, if not all, first and second DUI offenses are Class A misdemeanors. This means the vast majority of first and second DUIs are misdemeanors with a maximum penalty of 364 days in prison and a maximum fine of 2,500 USD. This all changes if there are any aggravating factors. This is called a felony charge in the state of Illinois under 625 ILCS 5/11-501(d). This is a complicated legal area, and only a seasoned Illinois DUI defense attorney can help you understand how these laws may apply to you.
There many areas of the law that apply aggravating factors in various ways. Aggravating factors can come from the following areas: repeat offenses (as in repeat DUIs), offense involving injury or death (causing injury or death to another), and Illinois legislators have determined other circumstances that require worse treatment.
Illinois DUI Felony Charges Illinois DUI charges vary depending on the severity of the offense.
For Repeat Charges
In the State of Illinois, there is no lookback period for the DUI charges of enhancement purposes. For example, if there’s a DUI charge from 20 years ago, regardless of the time period, that charge still counts toward the 3rd offense. Once an individual has received their 3rd DUI charge, it automatically is considered a Class 2 felony. Therefore, an individual can serve a minimum of 3 years and a maximum of 7 years of jail time for that charge 730 ILCS 5/5-4.5-35.
The 4th offense is still considered a Class 2 offense but is non-probationable meaning that the person will serve time for that charge. The 5th offense is upgraded to a Class 1 felony, which comes with a longer sentence and jail time. 6th and 7th offenses are considered Class X felonies meaning a person will serve 6 to 30 years of jail time
The Charge Is Enhanced if a Person is Injured
If a person sustains a serious injury, has permanent disfigurement, or disability due to an injury or an accident that is a result of a DUI, the DUI charge will be considered a Class 4 felony charge of which the individual will serve a minimum of 1 and a maximum of 12 years in jail. If there is an accident that results in death and that accident involves the DUI, the charge is considered a Class 2 felony. The individual will serve 3 to 14 years for that charge and if there is more than one death, the individual can serve 28 years for that charge.
License and Aggravating Circumstances
License suspension, DUI, or revoked licenses (DUI), unlicensed operation, no liability insurance, and DUI with a child under 16, or DUI with an injury crash in a school zone are among other circumstances that can raise a DUI to a felony level. Each of these situations has different felony classifications and sentencing obligations.
Imprisonment is the least of an Aggravated DUI’s Worries
An aggravated DUI is a crime that has both jail time and a lot of other negative aspects. Your driver’s license has to be revoked under Illinois law. The more aggravated DUI’s on your record, the more years you lose your license. After your second aggravated DUI, you lose your license for 5 years. 10 years for your third, and for your fourth and subsequent, it is a lifetime loss of that privilege.
To get your license back after an aggravated DUI, you have to do a lot of things. This is a part of the Secretaries of State’s (or DMVs) rules. These things include EvAU (Evaluation and Treatment), SR-22 (Insurance), and, for a profoundly arbitrary amount of time, a device that prevents you from driving if you’ve been drinking, and, for people with 4 or more DUI’s, a lifetime obligation to have that device on your vehicle.
Why Legal Strategy is Important in Aggravated DUI Cases
An aggravated DUI is different from a standard DUI based on how the prosecutors look at the evidence and how they use statutory aggravating factors. There may be a legitimate case depending on how the facts are constructed regarding the challenge to the underlying traffic stop, the chemical testing, and disputing the aggravating circumstances.
Statutory consideration and evidence focused grounds for each element may differ. It is important for a person dealing with aggravated DUI charges to understand the seriousness of the allegations and the procedural intricacies needed to construct a solid case.
