DuPage County Aggravated DUI Defense Lawyer
Attorneys for Aggravated Drunk Driving Charges in Glen Ellyn and Lombard
In most cases, driving under the influence (DUI) of alcohol or other intoxicating substances is charged as a Class A misdemeanor in Illinois. However, there are some circumstances in which drunk driving may be charged as aggravated DUI. This is a felony offense which has much harsher penalties. If you are facing felony DUI charges, you will want to determine your legal options for defense.
The criminal defense lawyers of Aldrich & Siedlarz Law, P.C. have represented clients in a wide variety of criminal cases, and we can help you understand the steps you can take to defend against an aggravated DUI charge. We are prepared to aggressively advocate for your rights and interests, and we will work to minimize the consequences that these charges may have on your life and your freedom.
Aggravating Factors for DUI Charges
A driver may be charged with DUI if they are found to be operating a motor vehicle with a blood alcohol concentration (BAC) greater than 0.08%. In Illinois, first or second DUI offenses are usually charged as Class A misdemeanors, which can be punished by up to one year in jail and a fine of up to $2,500. However, under certain circumstances, a DUI charge can be elevated to a felony. Aggravated DUI may be charged if aggravating factors are present, including:
- Third (or Subsequent) DUI Conviction - A third or fourth DUI is charged as a Class 2 felony. A fifth DUI is a Class 1 felony, and a sixth DUI is a Class X felony.
- Car Accidents - If a DUI resulted in great bodily harm, permanent disability, or disfigurement, it will be charged as a Class 4 felony. If the accident resulted in someone's death, the DUI will be a Class 2 felony.
- Other Convictions - Following a previous conviction for reckless homicide while under the influence or aggravated DUI which resulted in a person's death, any subsequent DUI will be charged as a Class 3 felony.
- Minor Passengers - A second offense of DUI while carrying a minor under the age of 16 in the vehicle is a Class 2 felony.
- Driving Without a Valid Driver's License - A DUI committed by a driver whose license has been suspended or revoked may be charged as a Class 4 felony.
- Restricted Vehicles - A Class 4 felony will be charged for DUI while carrying passengers in a taxi or for a ride-sharing service such as Uber or Lyft, or when driving a school bus with at least one passenger under the age of 18.
- Uninsured Vehicle - If a vehicle does not have liability insurance, a DUI will result in a Class 4 felony.
All felony offenses may result in fines up to $25,000. The potential prison sentences for the classes of felonies are as follows:
- Class 4 felony - 1-3 years imprisonment
- Class 3 felony - 2-5 years imprisonment
- Class 2 felony - 3-7 years imprisonment
- Class 1 felony - 4-15 years imprisonment
- Class X felony - 6-30 years imprisonment
Contact a Downers Grove Aggravated DUI Attorney
The consequences for aggravated DUI can be severe, and they can affect you for the rest of your life. In addition to a prison sentence and steep fines, you will likely lose your driver's license for several years, and you may be unable to secure employment in certain fields. If you have been charged with aggravated DUI, you will want to take immediate steps to determine your best strategy for defense. Contact the DUI defense attorneys at Aldrich & Siedlarz Law, P.C. by calling 630-953-3000 to schedule your free initial consultation. Our attorneys represent clients in Glen Ellyn, Lombard, Wheaton, Downers Grove, Lisle, and throughout DuPage County, Will County, and Kendall County. Mowimy Po Pulsku.