The first incident occurred on November 28th in Bloomington. That is when a 58-year-old man from Bloomington allegedly committed his fourth DUI offense. As a result of this incident, the authorities charged the Bloomington man with two counts of aggravated DUI. He remains in custody in lieu of posting bail in the amount of $5,035.
The second incident occurred on February 9th in McLean. That is when a 39-year-old man from McLean allegedly committed his third DUI offense. charged the McLean man with four counts of aggravated DUI. He remains in custody in lieu of posting bail in the amount of $2,035.
While both of these men await their day in court, it seems appropriate to review Illinois laws against and penalties for the crime of aggravated DUI.
What is the Illinois Definition of Aggravated DUI?
625 ILCS 5/11-501 establishes the Illinois definition of aggravated DUI. Under this section, a regular DUI offense can become an aggravated DUI offense under various circumstances. These circumstances include but are not limited to:
- Committing a third or subsequent DUI offense;
- Driving a school bus with passengers and committing DUI;
- Committing DUI and causing serious injury, disfigurement, or disability;
- Driving on a revoked or suspended license and committing DUI;
- Operating a vehicle without insurance and committing DUI;
- Driving a vehicle-for-hire with passengers and committing DUI; or
- Committing DUI and causing the death of another person.
How Does Illinois Penalize Aggravated DUI?
Section 11-501 also provides the Illinois penalty structure for aggravated DUI offenses. Generally speaking, the punishment becomes more severe for repeat offenders. For example:
- First or Second Conviction — Results in Class 4 felony charges, which are punishable by one to three years in prison and up to $25,000 in fines;
- Third or Fourth Conviction — Results in Class 2 felony charges, which are punishable by three to seven years in prison and up to $25,000 in fines;
- Fifth Conviction — Results in Class 1 felony charges, which are punishable by four to 15 years in prison and up to $25,000 in fines; or
- Sixth or Subsequent Conviction — Results in Class X felony charges, which are punishable by six to 30 years in prison and up to $25,000 in fines.
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.