This incident occurred at approximately 9:20 p.m. on Saturday, August 28 in the 1500 block of Six Points Road in Bloomington. At that time and place, the Illinois man allegedly ran into a victim and inflicted serious bodily injuries. According to reports, the victim remains in critical condition at a local hospital.
As a result of this incident, the Illinois man faces criminal charges for aggravated DUI. Even though this case is just beginning, it seems appropriate to review the Illinois laws against and punishment for aggravated DUI.
Illinois Laws Against Aggravated DUI
The Illinois laws against aggravated DUI appear at 625 ILCS 5/11-501. Under this section, aggravated DUI applies when an offender commits DUI and also:
- It is the third or subsequent standard DUI offense;
- Was driving a school bus with at least one passenger on board;
- Causes great bodily harm, disability, or disfigurement to a victim;
- Has a previous conviction for reckless homicide or aggravated DUI that resulted in great bodily harm, disability, disfigurement, or death;
- Was driving in a school speed zone with a 20 miles per hour limit and also causes great bodily harm, disability, or disfigurement;
- Causes the death of a victim;
- Was driving on a license suspended or revoked for DUI or a similar law;
- Did not have a valid driver’s license or permit;
- Knew or had a reason to know that the motor vehicle was uninsured;
- Causes bodily harm or injury to a passenger under the age of 16;
- It is the second standard DUI offense with a passenger under the age of 16; or
- Was driving a vehicle-for-hire with at least one passenger on board.
Illinois Punishment for Aggravated DUI
Section 11-501 also establishes the Illinois punishment for aggravated DUI. Under this section, aggravated DUI is typically punishable as follows:
- First or Second Offense — Class 4 felony that can result in a prison sentence between one and three years as well as criminal fines up to $25,000;
- Third or Fourth Offense — Class 2 felony that can result in a prison sentence between three and seven years as well as criminal fines up to $25,000;
- Fifth Offense — Class 1 felony that can result in a prison sentence between four and 15 years as well as criminal fines up to $25,000; or
- Sixth or Subsequent Offense — Class X felony that can result in a prison sentence between six and 30 years as well as criminal fines up to $25,000.
That being said, there are enhanced penalties for certain types of aggravated DUI offenses, such as high levels of alcohol concentration or the transportation of a minor under the age of 16.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at firstname.lastname@example.org or by completing an online form.