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What Makes an Illinois DUI Charge an Aggravated DUI?

Class 4 FeloniesIn 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.


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