In the state of Illinois, thousands of people are arrested and charged with driving under the influence of drugs or alcohol, each and every year. According to Illinois state law, a DUI conviction constitutes a Class A Misdemeanor charge. Unfortunately for those charged with driving under the influence, there are a number of factors that can lead to a DUI charge being elevated to a felony, these factors are known as aggravating factors. Below we will examine some of the reasons why you could be facing felony charges after driving under the influence of drugs or alcohol.

What Constitutes an Aggravated DUI

If a DUI charge is elevated from a misdemeanor to a felony, it is now categorized as an aggravated DUI. The most common reason for an aggravated DUI charge is that the defendant is facing their third or subsequent DUI charge. Other common aggravating factors include a DUI resulting in great bodily harm to another party, driving under the influence while your license is suspended or revoked due to previous DUI charges, and driving under the influence without a valid driver’s license. A new state law passed in January 2019 states that a driver can be charged with an aggravated DUI if they are apprehended while driving the wrong direction down a one-way street, while intoxicated.

The Impact of an Aggravated DUI

While any DUI charge should be taken seriously, an aggravated DUI can drastically impact a person’s life. First and foremost, having a felony charge on your criminal record can significantly diminish one’s ability to secure housing, employment, and even loans. Secondly, a mandatory prison sentence cannot be reduced or suspended when a person is facing felony DUI charges. For those that need to drive their vehicle in order to get to work or drop their children off at school, an aggravated DUI conviction will likely result in a 10-year license revocation. If you are facing felony DUI charges, it is critically important to speak with a knowledgeable legal professional.

Driving under the influence of drugs or alcohol can seriously impact a person’s ability to safely operate a vehicle. Because of this, the potential ramifications of a DUI conviction are significant. If you have been charged with driving under the influence, it is important to act quickly. The most important step you can take when facing DUI charges is hiring an experienced legal professional that you can believe in.

The Legal Consequences

In the state of Illinois, a DUI conviction constitutes a Class A misdemeanor charge. If convicted, the guilty party may face up to one year in prison, as well as fines up to $2,500. A first-time DUI offender will likely have the choice of spending a mandatory ten days in jail or 30 days of community service hours. The offender will also face a one-year license revocation period. A conviction of this magnitude can result in job loss, depending on the party’s occupation.

The Cost of a Conviction

Outside of the legal ramifications of a DUI conviction, a DUI can cost a person financially.

In 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.

According to the Illinois Secretary of State’s Office, Illinois police arrested 27,046 people on DUI charges throughout 2017. Law enforcement is always looking for signs of inebriated driving, from driving at erratic speeds to swerving from lane to lane. The consequences of a DUI conviction can be life-changing, with possible incarceration, substantial fines, and difficulty securing employment or housing. 

If you have been charged with DUI, it is important to speak with a knowledgeable legal team as soon as possible. 

All DUI charges are extremely serious and carry severe consequences, but the more DUI convictions you have, the worse it will be. Escalating punishments are a way of trying to prevent people from becoming repeat DUI offenders. Eventually, charges go from misdemeanor to felony. Illinois judges do not show much leniency toward repeat DUI offenders and commonly punish to the full extent of the law. 

A Recent Multiple DUI Case

A 38-year-old Plano, Ill. woman was recently indicted on felony charges for a DUI after she crashed her vehicle last October. If convicted, this would be the woman’s fifth DUI conviction. She was arrested and charged with a DUI, along with being ticketed for driving too fast for conditions, and failure to reduce speed after she crashed her car. Police say the woman was slurring her speech, smelled of alcohol, and had unsteady balance, although she refused to submit to field sobriety testing.