What is Aggravated Driving Under the Influence?
Driving under the influence (DUI) is a serious offense that carries significant legal consequences. In certain cases, the offense can be elevated to aggravated DUI, resulting in even harsher penalties. In this article, we'll take a look at what aggravated DUI entails, the factors that can lead to an aggravated DUI charge, and the potential consequences of such an offense. Additionally, we'll explore the importance of seeking legal representation from a skilled Chicago DUI lawyer if you're facing aggravated DUI charges.
Receiving a Driving Under the Influence Charge
In Illinois, a person can receive a DUI (Driving Under the Influence) charge for operating a motor vehicle while under the influence of alcohol or drugs. Specifically, Illinois law prohibits individuals from driving or being in actual physical control of a vehicle while:
Having a blood alcohol concentration (BAC) of 0.08% or higher.
Under the influence of alcohol to the extent that it impairs their ability to safely operate a vehicle.
Under the influence of any intoxicating compound or combination of intoxicating compounds to the extent that it impairs their ability to safely operate a vehicle.
Having any amount of a controlled substance, cannabis, methamphetamine, or other prohibited substance in their system.
It's important to note that in Illinois, the legal BAC limit for commercial drivers is 0.04%, and for drivers under the age of 21, it's 0.00%. Additionally, a DUI charge can also be issued for refusing to submit to chemical testing to determine BAC when lawfully requested by law enforcement during a traffic stop.
What is Aggravated DUI?
Now that we’ve addressed the definition of DUI in Illinois, you may be wondering, “What does aggravated DUI mean?” Aggravated DUI, also known as felony DUI, is an enhanced form of the standard DUI charge. While the specific criteria for aggravated DUI vary by state, in Illinois, aggravated DUI refers to instances where certain aggravating factors are present at the time of the DUI offense.
Several factors can result in a DUI offense being classified as aggravated. These factors typically involve circumstances that increase the risk of harm to others or exacerbate the seriousness of the offense. Common factors that can lead to aggravated DUI charges include:
Multiple DUI Offenses: Repeat DUI offenses within a specified time frame (typically 5-10 years) can result in aggravated DUI charges.
Excessive Blood Alcohol Concentration (BAC): Operating a vehicle with a BAC significantly above the legal limit, typically 0.16% or higher, can lead to aggravated DUI charges.
Presence of Minors: Driving under the influence with a child passenger in the vehicle can result in aggravated DUI charges, as it endangers the welfare of the child.
Serious Bodily Injury or Death: Accidents involving DUI where serious bodily injury or death occurs to another person can result in felony DUI charges.
Potential Consequences of Aggravated DUI
The penalties for aggravated DUI are more severe than those for a standard DUI offense. Depending on the circumstances of the case and the defendant's prior criminal history, consequences may include:
Significant Fines: Aggravated DUI convictions often result in substantial fines, which can amount to thousands of dollars.
Driver's License Suspension or Revocation: A conviction for aggravated DUI can lead to the suspension or revocation of the defendant's driver's license, potentially for an extended period.
Jail Time: Aggravated DUI convictions may result in mandatory jail sentences, with the length of incarceration varying based on the specifics of the case.
Probation: In some cases, the court may impose probation as part of the sentence, requiring the defendant to adhere to certain conditions and restrictions.
Ignition Interlock Device: Defendants convicted of aggravated DUI may be required to install an ignition interlock device (IID) on their vehicle, which prevents the car from starting if alcohol is detected on the driver's breath.
Felony Conviction: Aggravated DUI is typically classified as a felony offense, which can have long-term consequences, including difficulty finding employment, housing, or obtaining professional licenses.
Seeking Legal Representation
Given the severe consequences associated with aggravated DUI charges, it's essential to seek legal representation from an experienced Chicago criminal defense attorney. A skilled lawyer can assess the details of your case, develop a strategic defense strategy, and advocate on your behalf in court. Whether challenging the validity of evidence, negotiating plea agreements, or representing you at trial, a knowledgeable attorney can work tirelessly to protect your rights and achieve the best possible outcome in your case.
Chicago DUI Lawyers for Aggravated DUI
Aggravated driving under the influence (DUI) is a serious criminal offense that carries significant legal repercussions. With the potential for severe penalties, including hefty fines, license suspension, and jail time, it's crucial to understand the factors that can lead to aggravated DUI charges and the potential consequences of a conviction. If you're facing aggravated DUI charges in Chicago or the surrounding areas, don't hesitate to consult with a reputable DUI lawyer who can provide the guidance and advocacy you need to navigate the legal process effectively.
Bernard Law's DUI attorneys are dedicated to providing comprehensive legal assistance to individuals facing DUI charges in Illinois. With extensive experience in DUI defense, our attorneys understand the complexities of DUI laws and the potential consequences associated with these charges. We work tirelessly to protect our clients' rights, thoroughly examine the details of their case, and develop personalized defense strategies tailored to their unique circumstances. From challenging the validity of field sobriety tests to negotiating with prosecutors for reduced charges or penalties, we strive to achieve the best possible outcome for our clients. If you're facing a DUI charge, don't navigate the legal process alone. Trust Bernard Law to provide you with skilled representation and advocacy every step of the way. Contact us for a consultation.