man being placed under arrest

What Constitutes an Aggravated DUI in Illinois?

Facing a DUI charge can flip your life upside down. However, when charged with an aggravated DUI, the penalties are much more severe, given the factors surrounding the crime that make it more egregious. If you’re unsure what can increase the severity of a DUI, you’ll want to keep reading to learn more. The following blog explores when these charges are warranted, what the penalties are, and why it’s in your best interest to connect with a Peoria DUI lawyer as soon as possible.

What Warrants an Aggravated DUI?

In Illinois, anyone found driving with a blood alcohol concentration (BAC) of 0.08%, which is the legal limit, will incur a driving under the influence (DUI) charge. However, anyone with a BAC higher than 0.01% can receive a DUI if the officer determines they have alcohol in their system, and it inhibits their ability to operate a motor vehicle.

The same limits apply for an aggravated DUI, but there are additional factors that will raise it from a regular DUI. Examples of aggravating factors include, but are by no means limited to, the following:

  • Having a minor under the age of 16 in the vehicle who sustained harm
  • Driving without a valid license
  • Driving without insurance
  • A second DUI with a child under 16 in the car
  • Getting into a collision that results in death
  • A third DUI
  • Driving a for-hire vehicle with a passenger
  • Getting into an accident resulting in severe bodily harm

What Are the Penalties for This Crime?

An aggravated DUI is always charged as a felony crime. However, this can range from Class 4, which is the least severe, to Class X, which is the most egregious. How it is charged will depend on the aggravating factor that impacted the charges.

For example, a DUI without insurance is charged as a Class 4 felony, while a sixth DUI charge is considered a Class X felony.

However, most in Illinois who receive an aggravated DUI will receive a Class 4 charge. This warrants one to three years in prison and a fine of up to $25,000.

What Should I Do if I’m Arrested?

If arrested for an aggravated DUI, understanding what to do is critical. The most important thing to do is remain silent. Unfortunately, many try to plead their innocence to the arresting officers. However, in a panic, you may say something incriminating that can be used against you. As such, you should inform the officers that you wish to remain silent and request an attorney. Additionally, you should not try to resist the arrest by any means. If you do, you will incur more criminal charges.

At Girauo Law, we understand how complicated facing an aggravated DUI can be, especially since it’s charged as a felony. As such, our dedicated team will do everything we can to help you navigate these complicated matters. When you or a loved one are in legal trouble, contact us to learn how we will fight for the best possible outcome for your circumstances.

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