When Does DUI Become Aggravated DUI in Illinois?

The Illinois Criminal Code prohibits any person from driving under the influence (DUI) of alcohol, drugs, or a combination of both. When a person becomes impaired and loses their ability to operate their vehicle in safe fashion, it qualifies as a DUI in Illinois. Though in certain circumstances, a regular DUI can become an aggravated DUI and subject the offender to felony charges. 

How Does Illinois Define Aggravated DUI?

625 ILCS 5/11-501 provides the Illinois definition of aggravated DUI. The aggravated version of this offense applies if a person commits DUI:

    For a third or subsequent time; For a second time, if there was a child passenger under the age of 16 years old; While transporting multiple passengers on a school bus or a vehicle-for-hire; While also causing great bodily harm or permanent disability or disfigurement to someone else; After a previous conviction for reckless homicide while under the influence;
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Driving Under the Influence (DUI) of Alcohol or Drugs in Illinois

Driving under the influence (DUI) of alcohol or drugs is a common problem in Illinois and across the United States. To dissuade this type of dangerous behavior, there are strict laws against intoxicated or impaired driving across the nation. In Illinois, there is a specific definition of what qualifies as DUI, including testing benchmarks for alcohol or marijuana consumption. 

 

What is the Illinois Definition of DUI?

 

The Illinois definition of DUI appears under 625 ILCS 5/11-501. This section makes it unlawful to operate a motor vehicle while under the influence of various substances. 

 

In this context, under the influence means that a person is impaired and incapable of driving in a safe manner. It does not matter if that person is legally entitled to consume the substance in question. 

 

More specifically, Section 11-501 makes it unlawful to operate a motor vehicle while under the influence [...]

How Does Illinois Define and Punish DUI?

Across the State of Illinois and the United States, driving under the influence (DUI) of alcohol or drugs is a pervasive issue. Each year, DUI offenses cause an unfortunate amount of property damage, physical harm, and fatalities. To deter this type of behavior, Illinois features stringent laws against and harsh punishment for DUI offenses. 

What Qualifies as a DUI in Illinois?

625 ILCS 5/11-501 prohibits any person from operating a vehicle while under the influence of alcohol, drugs, or a combination of both. In this context, under the influence means that a person is incapable of safely operating a vehicle. This type of impairment can occur as a result of consuming any combination of:

    Alcohol; Pharmaceutical drugs; Illegal drugs; or Other intoxicating compounds. 

Section 11-501 also provides a specific level for intoxication due to alcohol. If a person registers a blood-alcohol concentration (BAC) of 0.08 or more, then he or [...]

Reinstatement of Suspended or Revoked Driver’s Licenses in Illinois

When a person commits certain moving violations in Illinois — especially serious ones like DUI and aggravated DUI — that person can lose driving privileges. Depending on what happened and the number of previous offenses, if any, the Secretary of State may require driver’s license suspension or revocation. While these two mechanisms are slightly different, they both prohibit a person from driving for a certain period of time. 

Reasons for License Suspension or Revocation

The reasons for driver’s license suspension or revocation in Illinois include but are not necessarily limited to:

    Driving Under the Influence (DUI) — Drivers who operate their vehicles while intoxicated or impaired can face license suspension or revocation.  Excessive Driver’s License Points — Drivers who accumulate too many points for moving violations, such as speeding or reckless driving, can face license suspension or revocation.  Graduated Driver’s License (GDL) Violations — Underage drivers with moving violations or
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