What is Aggravated Driving Under the Influence?

Driving under the influence (DUI) is a serious offense that carries significant legal consequences. In certain situations, a standard DUI can be elevated to aggravated driving under the influence, resulting in substantially harsher penalties. Many people facing these charges ask, what is aggravated DUI, and how it differs from a regular DUI.

In this article, we’ll explain what is an aggravated DUI, the factors that can lead to this enhanced charge, and the potential consequences involved. We’ll also discuss why speaking with an experienced Chicago DUI lawyer is critical if you are accused of aggravated DUI or aggravated driving while intoxicated.

Receiving a Driving Under the Influence Charge in Illinois

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 it impairs safe driving

• Under the influence of any intoxicating compound or combination of substances that impairs driving ability

• Having any amount of a controlled substance, cannabis, methamphetamine, or other prohibited substance in their system

Illinois applies stricter standards for certain drivers. The legal BAC limit is 0.04% for commercial drivers and 0.00% for drivers under the age of 21. Refusing to submit to chemical testing when lawfully requested can also result in DUI-related penalties.

What Is Aggravated DUI in Illinois?

After understanding basic DUI laws, many people ask, what is aggravated driving under the influence? Aggravated DUI—sometimes referred to as felony DUI—is an enhanced version of a standard DUI charge. In Illinois, aggravated driving meaning a DUI offense that involves specific aggravating factors that increase the severity of the crime.

In some jurisdictions, this is also described as aggravated driving while intoxicated, which refers to DUI conduct that poses a heightened risk to public safety or results in serious harm.

Factors That Can Lead to an Aggravated DUI Charge

Several circumstances can elevate a DUI to an aggravated offense. Common factors that may result in what is an aggravated DUI classification include:

• Multiple DUI Offenses: Prior DUI convictions within a defined time period can trigger aggravated DUI charges

• High Blood Alcohol Concentration: A BAC of 0.16% or higher may qualify as aggravated DUI

• Presence of a Minor: Driving under the influence with a child passenger in the vehicle

• Serious Bodily Injury or Death: Causing significant injury or death while driving under the influence

Each of these factors increases the seriousness of the offense and exposes the accused to felony-level penalties.

Potential Consequences of Aggravated Driving While Intoxicated

The penalties for aggravated DUI are significantly more severe than those for a standard DUI. Depending on the facts of the case and prior criminal history, consequences may include:

• Substantial Fines: Often totaling thousands of dollars

• License Suspension or Revocation: Extended loss of driving privileges

• Jail or Prison Time: Mandatory incarceration in many aggravated DUI cases

• Probation: Court-ordered conditions and supervision

• Ignition Interlock Device (IID): Required installation to operate a vehicle

• Felony Record: Long-term consequences affecting employment, housing, and licensing

Because aggravated driving under the influence is usually classified as a felony, the impact can follow a person for years.

Seeking Legal Representation for Aggravated DUI Charges

Given the seriousness of aggravated driving while intoxicated, securing experienced legal representation is essential. A knowledgeable Chicago criminal defense attorney can evaluate whether aggravating factors were properly applied and challenge the prosecution’s evidence.

An attorney may question BAC testing procedures, field sobriety tests, traffic stop legality, or whether the alleged aggravating circumstances meet legal standards. Strong legal advocacy can make a meaningful difference in the outcome of an aggravated DUI case.

DUI Lawyers for Aggravated DUI Cases

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. 

Aggravated Driving Under the Influence FAQs

• What is aggravated driving under the influence?

  Aggravated DUI is a DUI offense that includes specific aggravating factors, such as prior DUI convictions, high BAC levels, injury, or a child passenger.

• What is an aggravated DUI compared to a regular DUI?

  A regular DUI is typically a misdemeanor, while aggravated DUI is usually charged as a felony with harsher penalties.

• What is aggravated driving while intoxicated?

  Aggravated driving while intoxicated refers to DUI conduct that involves increased danger, harm, or repeat offenses.

• Does aggravated DUI always result in jail time?

  Many aggravated DUI cases carry mandatory jail or prison sentences, though penalties depend on the circumstances.

• Can an aggravated DUI charge be reduced?

  In some cases, an experienced DUI lawyer may be able to challenge aggravating factors or negotiate reduced charges.