Jul 15


After allegedly crashing a truck on Interstate 55, an Illinois man faces aggravated DUI charges in McLean County, according to an article by The Pantagraph.

Reports indicate that police officers responded to the scene of an accident on July 9. Allegedly, the Illinois man crashed on the interstate. The police officers who responded detected the smell of alcohol and signs of intoxication. But the Illinois man refused to provide blood, breath, or urine samples for chemical testing. 

As a result of this incident, the Illinois man faces one count of aggravated DUI and several counts of obstruction of justice. If the DUI charge holds up in court, it represents the third such charge in Illinois. Though apparently, this man also faced DUI charges in Maine from 2012 to 2017. 

At this juncture, the Illinois man remains in police custody on a $10,000 bond with an arraignment scheduled for August 5. In the meantime, it seems like a suitable time to review the Illinois laws against and penalties for aggravated DUI. 

Illinois Laws Against Aggravated DUI

625 ILCS 5/11-501 supplies the Illinois laws against aggravated DUI. A standard DUI charge becomes aggravated in situations that include but are not limited to:

  • The offender commits DUI on a third or subsequent occasion;
  • The offender commits DUI while driving a school bus with passengers;
  • The offender commits DUI and causes great bodily harm, permanent disability/disfigurement, or death;
  • The offender commits DUI after previously committing reckless homicide or a substantially similar offense; 
  • The offender commits DUI on a suspended or revoked driver’s license license; and
  • The offender commits DUI a second time while transporting a child under the age of 16 years old.

Illinois Penalties for Aggravated DUI

Section 11-501 also furnishes the Illinois penalties for aggravated DUI. Though the punishment can fluctuate greatly, depending on the underlying circumstances of the offense. 

From a general standpoint, Illinois charges and punishes aggravated DUI as detailed below:

  • First or Second Offense — Class 4 felony punishable by criminal fines up to $25,000 and one to three years in prison;
  • Third or Fourth Offense — Class 2 felony punishable by criminal fines up to $25,000 and three to seven years in prison;
  • Fifth Offense — Class 1 felony punishable by criminal fines up to $25,000 and four to 15 years in prison; or
  • Sixth or Subsequent Offense — Class X felony punishable by criminal fines up to $25,000 and six to 30 years in prison.

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 johnprior@thepriorlawfirm.com or by completing an online form.