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When Can I Be Charged With an Aggravated DUI?

Wednesday, March 6, 2013 10:51

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You can be charged with an aggravated DUI in Illinois under a variety of circumstances.

Typically, any DUI charge that results in felony charges is considered an aggravated DUI. This means that you face increased penalties including mandatory minimum prison sentences and community service, which usually are not subject to suspension or reduction, according to the Illinois Secretary of State.

Generally, aggravated DUI in Illinois includes the following offenses:

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Multiple DUIs. If you have been convicted of two or more prior DUIs, you face aggravated DUI charges for your third or subsequent offense. These can be considered Class 2 felonies.

School bus drivers. If you get a DUI while driving a school bus that is actually carrying children, you could face aggravated charges. This may be considered a Class 4 felony.

DUI resulting in injury or death. Any DUI incident that results in great bodily harm, permanent disability, or disfigurement can led a Class 4 felony charge. If death results, the driver faces Class 2 felony charges.

DUI while transporting a child. On your second or subsequent DUI committed while transporting a child under the age of 16, you could face Class 2 felony penalties. However, if you are involved in a DUI and a child under the age of 16 gets injured, you could face felony charges even for your first offense.

No license. If you are caught with a DUI while driving without a license or on a suspended license, you could face Class 4 felony charges.

No insurance. If you are caught with a DUI while driving without insurance, you could face Class 4 felony charges.

Previously convicted of reckless homicide. Any subsequent DUI arrests can result in a Class 3 felony charge.

DUIs in school zone. If the restricted speed limit is in effect and you get into a crash that causes bodily injury, you could face Class 4 felony penalties.

The penalties for an aggravated DUI in Illinois can be severe. If you have been charged with such a crime, you should contact an experienced DUI attorney.

Related Resources:

Illinois DUI Laws (FindLaw)
The 3 Legal Limits for Drunken Driving in Illinois (FindLaw’s Chicago DUI Blog)
8 Facts About Illinois’ 0.08% DUI Limit (FindLaw’s Chicago DUI Blog)

2013-03-06 10:47:55

Source: http://chicagoduilawyersblog.com/2013/03/when-can-i-be-charged-with-an-aggravated-dui.html

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