The Implications of an Aggravated DUI Conviction

 Posted on April 28, 2019 in DUI

When a person is charged with driving under the influence of alcohol, it is important for them to understand the potential legal ramifications. Due to the manner in which drunk driving can endanger other travelers, it is not a simple traffic violation, but a serious criminal offense. According to Illinois state law, a DUI charge constitutes a Class A misdemeanor. Yet there are a number of factors that elevate a standard DUI to an aggravated DUI. Below, we will explore the offenses that can lead to an aggravated DUI charge, as well as the ways in which a conviction can ultimately impact your life. If you have been charged with an aggravated DUI, seek out legal assistance immediately.

Common Aggravating Factors

According to Illinois state law, an aggravated DUI conviction automatically constitutes a Class 4 felony. If convicted, the offender could face more than one year in prison, fines as high as $25,000, and a serious mark on their permanent record. It should be noted, that as of January 1, 2019, driving your vehicle the wrong way down a one-way street while under the influence of alcohol constitutes an aggravated DUI. Listed below are other common aggravating factors.

DUI Resulting in Harm: When a person driving under the influence of alcohol injures another party, the legal consequences are heightened. If an inebriated driver is deemed responsible for a collision that causes a person significant bodily harm or permanent disability, the offender will face felony charges, license revocation for a two-year period, and a minimum of one year in prison. If a person is fatally injured in the collision, the inebriated driver will be charged with a Class 2 felony, and have their prison sentence increased to a minimum of three years and a maximum of 14 years.

License and Insurance Issues: In the state of Illinois, a DUI can be elevated to a felony if an offender is knowingly operating their vehicle with a suspended or revoked license. In these instances, the driver will still be looking at a Class 4 felony charge. If a person is charged with a DUI while operating a vehicle that is not covered by a valid liability insurance plan, they may be charged with an aggravated DUI. The driver will only face felony charges if they were aware of the fact that the vehicle was not properly insured.

Third DUI Charge: If a person is charged with a third DUI, the DUI will automatically be classified as aggravated. In these cases, there does not have to be any other aggravating factors present for the DUI to be elevated from a misdemeanor to a felony. If convicted, the offender will face a ten-year license revocation, as well as suspension of their Illinois vehicle registration.

Contact a Naperville DUI Defense Lawyer

In the state of Illinois, a DUI conviction can come with serious legal ramifications. Outside of potential jail-time and significant fines, a conviction can impact one’s ability to secure housing and employment opportunities. Attorney Patricia Magaña is prepared to advocate for your best interest and aggressively fight against a conviction. Attorney Magaña is proud to offer her clients bi-lingual consultations in both Spanish and English. To schedule a complimentary consultation with an experienced Will County criminal defense lawyer, call us today at 630-448-2001.

Sources

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501