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What Makes an Illinois DUI Charge an Aggravated DUI?

Posted on in DUI Defense

What Makes an Illinois DUI Charge an Aggravated DUI?In Illinois, any DUI charge that is classified as a felony charge is automatically considered to be an aggravated DUI charge. As the name suggests, aggravated DUI is more serious than a misdemeanor DUI and carries more serious consequences. Aggravated DUI charges can range anywhere from a Class 4 felony to a Class X felony, depending on the circumstances.

Class 4 Felonies

A Class 4 felony is the least serious classification of felony charges, though a conviction can still carry a sentence of one to three years in prison and up to $25,000 in fines. Examples of Class 4 felony aggravated DUI charges include:

  • A first DUI offense while transporting a minor younger than 16 in the vehicle that resulted in bodily harm to the child;
  • A second DUI offense committed while transporting a child younger than 16;
  • DUI committed while driving a school bus with at least one minor on board;
  • DUI committed while driving a vehicle-for-hire with a passenger inside;
  • DUI resulting in great bodily harm, permanent disability or disfigurement;
  • DUI committed without a valid driver’s license; and
  • DUI committed without vehicle insurance.

Class 3 Felonies

A conviction for a Class 3 felony means you will face two to five years in prison and up to $25,000 in fines. A DUI conviction is a Class 3 felony if you had a previous reckless homicide DUI conviction or aggravated DUI conviction involving a death.

Class 2 Felonies

Class 2 felony convictions carry possible sentences of three to seven years in prison and up to $25,000 in fines. Examples of Class 2 felony charges include:

  • A second conviction of DUI while transporting a child younger than 16 that resulted in bodily harm to the child;
  • A third or subsequent DUI conviction; and
  • A DUI resulting in death.

Class 1 Felonies

A Class 1 felony DUI carries a possible sentence of four to 15 years in prison and up to $25,000 in fines. A fifth DUI conviction is a Class 1 felony.

Class X Felonies

This is the most serious type of felony charge and carries a possible sentence of six to 30 years in prison and up to $25,000 in fines. An example of a Class X felony as it relates to DUI would be a sixth or subsequent conviction for DUI.

Contact a Cook County DUI Defense Attorney Today

Getting charged with a DUI is always a serious matter, but an aggravated DUI means you are being charged with a felony, which comes with harsher consequences. At the Law Office of John S. Fotopoulos, P.C., we can help you determine the best course of action for a defense for your case. Our skilled Tinley Park, Illinois, DUI defense lawyers will fight to get your charges reduced, or dropped altogether. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

National Rifle Association Illinois State Bar Association Chicago Bar Association Illinois Trial Lawyers Association Cook County Bar Association National Academy of Personal Injury Attorneys The John Marshall Law School Hellenic Bar Association Will County Bar Association National Association of Criminal Defense Lawyers
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