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Posted on in DUI

IL DUI lawyerIn the state of Illinois, more than 26,000 drivers were arrested for driving under the influence of drugs or alcohol, throughout 2018. While a standard DUI conviction will constitute a Class A misdemeanor charge, some circumstances can result in felony charges. When a DUI is elevated to a felony, it is legally referred to as an aggravated DUI. Below we will examine some of the most common aggravated DUIs, and the potential legal ramifications of a charge of such magnitude. If you have been charged with driving under the influence, it is time to speak with an experienced criminal defense lawyer.

The Most Common Aggravated DUIs

In the vast majority of cases, a DUI will be elevated to an aggravated DUI due to increased level of negligence. It is important to note though, that a third or subsequent DUI charge will automatically be elevated to an aggravated DUI. A driver that is charged with their third DUI will face Class 2 felony charges. A DUI resulting in great bodily harm to another party will also result in felony charges, even if the charge is the driver’s first alcohol-related traffic violation. It should be noted that a person charged with a DUI resulting in injury will face a minimum two-year license revocation period.

In other cases, a person can face felony DUI charges for failing to comply with Illinois state law prior to getting behind the wheel. If a driver is charged with driving under the influence and fails to present a valid driver’s license or permit, or lacks proper vehicle liability insurance, they will face Class 4 felony charges.

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IL traffic lawyerEvery year thousands of Americans are injured in drunk driving accidents, because of this law enforcement officials are constantly on the lookout for signs of inebriated driving. In the state of Illinois, drunk-driving was the primary cause of approximately 28% of all traffic deaths, throughout 2018. Perhaps it should come as no surprise that over 28,000 DUI arrests were made throughout the state, in 2018. If you are facing DUI charges after injuring another party in an accident, it is time to seek out the help of a respected criminal defense attorney.

The Legal Ramifications

In the state of Illinois, a standard DUI charge constitutes a Class A misdemeanor, a $2,500 fine, and possible jail time. That being said, the legal ramifications of a DUI in which a person suffered injuries are much more severe. A DUI resulting in great bodily harm, permanent disability, or disfigurement constitutes a Class 4 felony charge in the state of Illinois. According to the Illinois’ Secretary of State’s Office, a Class 4 felony charge can lead to one to three years in prison, and fines up to $25,000 (not including the various other expenses in most DUI cases). The person will also face a license revocation period of two years, even if the incident was their first DUI charge.

If a driver is charged with a DUI while transporting a child 16 years of age or younger, and the child suffers injuries in a collision, the driver can face Class 2 felony charges. If convicted, the driver will likely face a three- to seven-year prison sentence, although the penalties for a Class 2 felony vary on the offense. A person will also face Class 2 felony charges for any DUI that results in the death of another party. It should be noted that the two-year license revocation period will commence at the end of the convicted party’s release from incarceration.

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Posted on in DUI

IL DUI lawyerHere in the state of Illinois, law enforcement officials are constantly on the lookout for impaired drivers. Recognizing the fact that drunk drivers cause approximately 30% of all nationwide traffic fatalities, and over 10,000 each year, it should come as no surprise that police officers do everything in their power to prevent inebriated driving. According to the Secretary of State’s office, more than 29,000 people were arrested for driving under the influence of alcohol, throughout 2018 alone. While the sheer number of DUI arrests could indicate that a DUI conviction comes with limited legal ramifications, this could not be further from the truth. If you have been charged with driving under the influence, it is time to speak with a lawyer.

The Legal Consequences of a DUI

The first thing to understand about the consequences of a DUI conviction is that the charge will go on your permanent record and cannot be expunged. In other words, the conviction will impact your ability to secure employment, loan opportunities, and housing for the rest of your life. A first-time DUI offender will be charged with a Class A misdemeanor if convicted. Along with having a misdemeanor charge on their permanent record, the offender can also face up to one year in prison, and fines as high as $2,500.

It is important to understand that this is the minimum penalty a person will face for a first-time DUI. In the state of Illinois, there are a number of aggravating factors, such as driving without a valid driver’s license or causing serious bodily harm to another party, which can result in your DUI charge being classified as an aggravated DUI. An aggravated classification will result in the charges being elevated from a misdemeanor to a felony and lead to harsher criminal punishments.

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Posted on in DUI

IL DUI lawyerEvery year, thousands of people are arrested for driving under the influence of drugs or alcohol, throughout the state of Illinois. According to Illinois state law, a first-time DUI conviction constitutes a Class A Misdemeanor. Along with the criminal charge, a conviction will likely lead to significant fines and serious rises in insurance rates. Recognizing this, all DUI charges should be taken seriously, but some can come with harsher criminal punishment. If you have been charged with an aggravated DUI, it is time to seek out the help of a trained legal professional.

What Is an Aggravated DUI?

An aggravated DUI is a DUI charge that is elevated in severity due to the presence of any number of aggravating factors. These aggravating factors can include being charged with a DUI in which severe bodily harm was caused, the DUI was committed without a proper driver’s license or a DUI charge in which the offender had previously been convicted of a DUI.

In all of these instances, the charges will be elevated from a misdemeanor to a felony charge. The type of felony will vary depending on the aggravating factors. For instance, a third DUI charge automatically constitutes a Class 2 felony charge. In a DUI case in which someone was greatly harmed, the driver would be charged with a Class 4 felony charge, resulting in much more severe potential criminal punishment.

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IL DUI lawyerWhen 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.

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