In Illinois, DUI is defined as driving or having actual physical control of a vehicle while under the influence of alcohol or another drug. DUI can be upgraded to an aggravated offense, which increases the penalties, for the following reasons:
- This is your third-time or later DUI.
- You were driving a school bus with passengers on board.
- Your intoxication was the proximate cause of a motor vehicle accident that caused great bodily harm, permanent disability or disfigurement to another.
- You have a previous conviction for an alcohol-related involuntary manslaughter or reckless homicide.
- You were speeding in a school zone and your being under the influence was the proximate cause of bodily harm.
- You caused a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident while under the influence which resulted in death.
- Your driver’s license was suspended or revoked due to an alcohol-related suspension, motor vehicle accident or reckless homicide offense.
- You did not have any type of driver’s license, including a monitoring device driving permit.
- You knowingly drove an uninsured car.
- You caused bodily harm to a child under the age 16 that you were transporting.
- You had a child under age 16 in the car during your second DUI.
- You were transporting passengers for hire.
If you have been charged with Aggravated DUI, contact an experienced attorney immediately. An attorney can review your case for your best possible defense. Did the police have probable cause to stop you? Can the state prove all the elements of the offense beyond a reasonable doubt?
While recent Illinois case law has held that the state need not prove the aggravating factors at trial, the state must still prove those factors beyond a reasonable doubt at sentencing. If your offense is based on prior DUIs, can the state prove those convictions? If you were in an accident, was your impairment the proximate cause? Did you know the car you were driving was uninsured?
Even if the police had probable cause and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. Did the officer have probable cause both to stop you and to search your car? If not, an attorney can try to petition the court to suppress any evidence resulting from that
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email firstname.lastname@example.org.
Reference: People v. May and 625 ILCS 5/11-501 625 ILCS 5/11-501: Driving While Under the Influence of Alcohol
<p><i>(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)</i>