In the state of Illinois, a DUI is classified typically as a Class A misdemeanor. The maximum sentence is one year of prison time. A DUI can become a felony due to certain aggravating factors with the maximum sentence of more than one year in county jail. Here’s the relevant statute dealing with misdemeanor DUIs and aggravated DUIs.
Let’s go over the factors that can cause a DUI to become an aggravated DUI.
If you have prior DUI violations you might get an aggravated DUI. When you have been convicted of two prior DUIs, all subsequent DUIs will be Class 2 felonies with a sentence ranging from three to seven years in prison.
If you are found guilty of a DUI while not having a valid driver’s license, driving permit, restricted driving permit, or judicial driving permit, the violation can become an aggravated DUI with a sentence of one to three years.
If your DUI came about while you were driving without valid insurance, it could become an aggravated DUI. The prosecution has to prove that the vehicle was uninsured and that the impaired driver should have known or knew that the vehicle was uninsured. This comes with a sentence of one to three years.
If you’ve been found guilty of driving while your license is suspended or revoked for certain reasons, it could become an aggravated DUI. The reasons for a revoked license could include for prior DUI, leaving the scene of an accident involving death or personal injury, driving under a prior summary suspension, or reckless homicide. An aggravated DUI in this situation could come with a one to three-year sentence.
If bodily harm comes to a minor under the age of 16 in your accident, your DUI conviction could be classified an aggravated DUI. The sentence could be from three to seven years and the bodily harm doesn’t have to necessarily be significant.
Any accident that causes a fatality will be deemed an aggravated DUI. The intoxicated driver is considered to be at least partially at fault in the death or deaths. No matter the number of deaths, this will be considered one felony and the sentence can vary from one to 12 years for one fatality or from six to 28 years for multiple fatalities.
A second DUI while transporting minors under 16 years of age will be classified an aggravated DUI. This can come with a sentence of three to seven years in prison.
A second DUI after a previous conviction for an alcohol-related homicide offense will be classified an aggravated DUI. The sentence is from one to three years in prison.
If any individual is harmed while an intoxicated person was driving through a school zone, it becomes an aggravated DUI. The bodily harm doesn’t necessarily have to be significant and the driver doesn’t necessarily have to be going faster than the 20-mile-per-hour posted speed limit for the DUI to be enhanced to a felony. The sentence could range from one to three years in prison.
If you are found to be driving a school bus impaired with at least one passenger under the age of 18, your DUI will be enhanced to an aggravated DUI. The sentence will be from one to three years in prison.
An attorney’s counsel is recommended if you are arrested for a DUI with aggravating factors. Penalties are much more severe and the effects of an aggravated DUI can stay with you longer than the typical DUI in Illinois. Call 309-734-1001 for a no-obligation consultation from a member of the Gullberg, Box & LLC team.