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Aggravated (Felony) DUI in Illinois

 Posted on August 07, 2013 in Criminal defense lawyer

AGGRAVATED DUI

Most DUI cases are misdemeanors. However, if your case meets certain criteria, you may be charged with an Aggravated DUI. An Aggravated DUI is a FELONY. You may be charged with an Aggravated DUI if the charge is:
  • Your third or subsequent DUI
  • Committed while driving a school bus carrying persons age 18 or younger (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
  • Results in great bodily harm, permanent disability or disfigurement (Class 4 felony, imprisonment of 1-12 years, fines of up to $25,000). Revocation of driving privileges for a minimum of 2 years.
  • Second or subsequent DUI committed while transporting a child under age 16 (Class 4-X felony; penalties vary according to offense).
  • Committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 4-X felony; penalties vary according to offense).
  • Committed without a valid driver’s license or permit (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
  • Committed without vehicle liability insurance (Class 4 felony, imprison­ment of 1-3 years, fines of up to $25,000).
  • Second DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 4 felony, 1-3 years of impris­onment, fines of up to $25,000).
  • Committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
  • Committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). Any penalty imposed is in addition to the penalty for any subsequent DUI violation. Revocation period determined by offense.
  • Results in a death (Class 2 felony, imprisonment of 3-14 years; 6-28 years if more than one death; fines of up to $25,000). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration for the offense.
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