Oct 27

Before we delve into the finer points of aggravated DUIs, we need to take a step back and review standard DUIs. Essentially, it is illegal to drive in Illinois while intoxicated or incapable of driving safely. Illinois law accounts for intoxication on the basis of alcohol, drugs or a combination of both.  

Illinois law under 625 ILCS 5/11-501 provides us with the definition for aggravated DUI. The crime of aggravated DUI applies if a person commits a standard DUI:

  • Three or more times;
  • While driving a school bus with passengers;
  • That results in severe injury to another person;
  • In a school zone and results in severe injury to another person;
  • That results in death of another person;
  • While using a suspended or revoked driver’s license;
  • Without ever having a valid driver’s license;
  • Knowing that the vehicle did not have valid insurance;
  • That caused injury to a passenger younger than 16 years old; or
  • While driving passengers on a for-hire basis.

What are the Penalties for Aggravated DUI in Illinois?

Illinois law under 625 ILCS 5/11-501 also provides us with the penalty structure for aggravated DUI. There is a tiered system in place, with penalties escalating for subsequent offenses or under certain circumstances.

Generally speaking, aggravated DUI constitutes a Class 4 felony. The penalties for a Class 4 felony include a sentence range of one to three years and fines up to $25,000.

On the third offense, aggravated DUI rises to the level of Class 2 felony. The penalties for a Class 2 felony include a sentence range of three to seven years and fines up to $25,000.

On the fourth offense, aggravated DUI remains a Class 2 felony. The penalties are almost identical to the third offense. But there is no possibility of probation or conditional discharge.

On the fifth offense, aggravated DUI rises to the level of Class 1 felony. The penalties for a Class 1 felony include a sentence range of four to 15 years and fines up to $25,000. There is no possibility of probation or conditional discharge for the fifth offense.

On the sixth or subsequent offense, aggravated DUI rises to the level of Class X felony. The penalties for a Class X felony include a sentence range of six to 30 years and fines up to $25,000. Probation and conditional discharge are not available for Class X felonies.

Do You Need Legal Help?

No matter what the criminal offense, all criminal charges are serious. Without a sound strategy and an aggressive defense, you could miss out on your best chance for a positive outcome. An experienced criminal defense attorney can help you understand the law and navigate toward an effective resolution.

Serving the counties of Dewitt, Ford, Livingston, Logan, McLean, Peoria, Tazewell, and Woodford, The Prior Law Firm is located in Bloomington, Illinois. Our attorneys are dedicated to the practice of Illinois criminal law. If you need legal advice concerning any criminal offense, please do not hesitate to contact us immediately.

You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or online by completing a simple form.