What Turns a DUI Into an Aggravated DUI?

 Posted on June 12, 2019 in DUI/DWI

It was in February of 2019 that a woman was convicted of an aggravated DUI after crashing into a stalled vehicle on the Murray Baker Bridge in 2017, killing another woman. She faced up to 14 years in prison, but recently was sentenced to three years. Under her no contest plea, she is eligible for appeal and probation, but must serve at least 85 percent of her sentence.

Any DUI is considered a serious offense in the state of Illinois. An aggravated DUI however, involves certain factors that upgrade the crime to something more serious.

Misdemeanor DUI vs. Aggravated DUI

Most DUIs in Illinois are considered Class A misdemeanors that carry a maximum sentence of one year in prison. Many first offense misdemeanor DUIs do not involve any jail time. When there are certain other factors involved in the crime, known as aggravating factors, the charge of DUI is upgraded to a felony or an aggravated DUI.

When a person is convicted of an aggravated DUI, the minimum sentence is a minimum of 10 days in jail or 480 hours of community service. Aggravated DUIs differ from misdemeanors mainly due to the fact that maximum sentences exceed one year. Sentences for aggravated DUIs are typically between at least one and three years.

Types of Aggravated DUI Offenses

There are many different circumstances that can result in a DUI becoming an aggravated DUI. They include:

• Prior offenses: When the driver has two or more prior DUIs, any others that follow are considered aggravated DUIs
• Driving on a suspended or revoked license: When the driver’s license is suspended or revoked for prior DUIs, leaving the scene of an accident, or reckless homicide
• Driving without a valid license: When the driver does not have a valid driver’s license, learner’s permit, or restricted driving permit
• Driving without valid insurance: When the driver knew, or should have known, the vehicle they were driving was not covered by proper liability insurance
• An accident occurred that resulted in great bodily harm: The prosecution will likely press aggravated DUI charges, even if the drunk driver was not at fault for the accident
• Accidents resulting in bodily harm to those under 16: When those injured are minors, any extent of injury will result in an aggravated DUI
• Accidents resulting in death: These aggravated DUI charges count as one felony, regardless of the number of fatalities. Unlike other instances, the drunk driver must have contributed to the accident.
• Drunk driving in a school zone: If a drunk driver harms anyone while driving through a school zone, they will face aggravated DUI charges. Serious injuries are not required but if an accident does result in great bodily harm, the charges and associated penalties will likely increase.
• Driving a school bus with passengers under the age of 18: Even one passenger can result in an aggravated DUI charge, and the incident does not have to involve an accident.
• Prior DUI convictions under certain circumstances: These include carrying a passenger under the age of 16 and previous convictions for an alcohol-related homicide offense.

When facing charges for any type of aggravated DUI, those accused must speak to an experienced criminal defense lawyer that can help.

Charged with a DUI? Call Our Rolling Meadows Criminal Defense Lawyer

If you have been charged with any type of DUI, contact a skilled Rolling Meadows criminal defense lawyer today. At the Law Offices of Christopher M. Cosley, we want to help you build a solid defense that will have your charges dropped or reduced so you face as few penalties as possible. These charges are serious, and you need someone with experience to help you get the best possible outcome for your case. Call us today at 847-253-3100 or fill out our online form for your free consultation.

Sources:

https://www.pjstar.com/news/20190424/dunlap-woman-sentenced-for-2017-fatal-dui-accident

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