Illinois State Police troopers arrested a Yorkville woman on Interstate 88 for driving under the influence (DUI) at over 100 miles per hour, according to an article by the Daily Herald. In her fourth DUI offense, this woman registered a blood-alcohol concentration (BAC) of almost three times the legal limit.
The state troopers pulled over the Yorkville woman at approximately 12:30 a.m. on July 17th for speeding as well as improper lane and signal use. According to police documents, the woman sped up in an attempt to outrun the state troopers.
When the state troopers approached the vehicle, they immediately noticed the stench of alcohol. The Yorkville woman admitted to driving that evening and subsequently failed the field sobriety tests. Later, a chemical test indicated the woman’s blood-alcohol concentration (BAC) was 0.238.
Under Illinois law, any person who commits three or more DUIs will automatically face charges for aggravated DUI. As this Illinois woman is facing her fourth DUI charge, it technically qualifies as her second aggravated DUI charge.
While the legal process plays out in the state courts, it seems appropriate to examine the Illinois penalties for aggravated DUI to ascertain the Yorkville woman’s potential sentence.
Illinois Penalties for Aggravated DUI
The Illinois penalties for aggravated DUI appear under 625 ILCS 5/11-501. Any person who commits this offense in Illinois is guilty of a felony. Though the number of past offenses and other circumstances can impact the corresponding punishment.
- First or Second Offense — Aggravated DUI is a Class 4 felony, punishable by up to three years in prison, $25,000 in fines, and 30 months of probation;
- Third or Fourth Offense — Aggravated DUI is a Class 2 felony, punishable by up to seven years in prison, $25,000 in fines, and 48 months of probation;
- Fifth Offense — Aggravated DUI is a Class 1 felony, punishable by up to 15 years in prison, $25,000 in fines, and 48 months of probation; and
- Sixth or Subsequent Offense — Aggravated DUI is a Class X felony, punishable by up to 30 years in prison and $25,000 in fines, without the possibility of probation.
Furthermore, Illinois law mandates additional penalties for specific types of aggravated DUI offenses. For example, there is a mandatory minimum fine for any person who commits aggravated DUI with a blood-alcohol concentration at or above 0.16. There is also a mandatory fine and community service requirement for any person who commits aggravated DUI while transporting a minor child under the age of 16 years old.
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 email@example.com or by completing an online form.
(image courtesy of Jacob Gorajek)