Potential aggravated DUI charges in Illinois come with an array of short and long term legal consequences.
In Illinois, the first DUI charge is considered a first offense Class A misdemeanor, and while that is a serious offense, it does permit the possibility of court supervision leading to a chance at a felony expungement. In contrast, certain criteria make a “regular” DUI charge in Illinois a felony DUI charge with mandatory incarceration and life-altering ramifications. It is critical to know the criteria Illinois Driving Under the Influence (DUI) laws to understand the consequences of DUI charges.
The first aggravated driving under the influence statute in Illinois DUI Offenses is 625 ILCS 5/11-501(d). It states that the difference in charges does not come from the state’s determination Lafata Law state that the irrefutable criteria are categorized as repeat offenses, impaired driving with a victim (injured, killed, etc), and severe impaired driving combined with a suspended, revoked, or otherwise problematic driver’s license.
Repeat Offenses and the Lookback Period
The most straightforward path to aggravated DUI is multiple prior DUI offenses. Third DUI convictions are Class 2 felonies in the state of Illinois. It is also worth noting that many are surprised by the fact that Illinois does not have a lookback period when considering how many DUI offenses a driver has received. A DUI conviction from 20 years ago will affect a person the same as a conviction from 2 years ago in regard to whether a person is charged with aggravated DUI.
In fact, prior DUI court supervision also counts toward this. The Illinois Supreme Court has ruled that if a person completes DUI supervision, that person’s subsequent DUI will be eligible for a felony charge and supervision will not be considered a “guilt” determination. A person with a first DUI who received supervision, and then subsequently received another DUI and was also eligible for supervision in that case, could be looking at felony charges when he is arrested for a third time even if he has no convictions.Injury, Death, and Serious Bodily Harm
If an impaired driver injures another person while driving, this scenario is classified as an Aggravated DUI offense. Even if it is the driver’s first DUI offense, it is classified as a Class 4 felony. This means the driver could face anywhere from 1 to 12 years in prison.
If an impaired driver is involved in a crash that results in the death of another person, the driver will face even more charges. A DUI with a death is considered a Class 2 felony, which is a sentence of 3 to 14 years. The prosecution is responsible for showing that the defendant was impaired and driving, and that this was the direct cause of the injuries or the death of another person.
Circumstantial Aggravating Factors
In addition to repeat offenders and crashes with injuries, there are other situations that can cause a DUI to be aggravated under Illinois law. These are driving a school bus with passengers while impaired, driving a vehicle even if the driver’s license is currently suspended or has been revoked because of a DUI, driving if the driver does not have a valid license, driving without liability insurance, having a DUI in a marked school zone resulting in injury, and having a DUI while the driver is transporting a minor child.
The legislature’s justification for each of these elements is that specific behavior either makes impaired driving significantly more dangerous or shows a lack of regard for the law. The Illinois Secretary of State DUI Fact Book shows that the majority of DUI arrests are for first-time offenders. However, aggravated charges break what would be an easily manageable legal problem into an issue that can irreparably change a person’s life.
Aggravated DUI
The lowest aggravated DUI offense is a Class 4 felony. This can result in 1-3 years of imprisonment, a fine of up to $25,000, and probation might still be a possibility for most first offenders. However, that is not the case for aggravated DUI offenses that are Class 2 felonies, as their sentencing ranges increase to 3-7 years. Most notably, the 4th DUI offense is non-probationable, meaning that a conviction will result in a prison sentence, and the same is true for 5th offenses and subsequent offenses, as they have significantly more severe minimums.
In addition to the prison time, an aggravated DUI conviction will lead to longer periods of driver’s license revocation, years or possibly a lifetime requirement to have a Breath Alcohol Ignition Interlock Device, high risk insurance that is required and the collateral consequences that come with it, including problems with employment, housing, and professional licenses will be problems that persist long after the prison sentence has ended.
Potential aggravated DUI charges in Illinois come with an array of short and long term legal consequences. Misdemeanor and felony DUI charges differ significantly in how they impact someone’s immediate liberty, driving privileges, and future prospects.
Join the conversation!