The range of sentences are: However, the specific penalties you'll face for an aggravated DUI conviction depend on the circumstances. What are the Illinois Laws Against Possession of Controlled Substances? But ultimately, every person must refrain from driving in Illinois while impaired by cannabis. When a driver refuses testing, the arresting officer is supposed to immediately seize the driver's license, and the DMV will suspend driving privileges for the following periods: Prosecutors can also use the fact that a driver refused testing in court while trying to prove a DUI charge. 350Lake Forest, IL 60045, 33 N. County St., Ste. In some states, the information on this website may be considered a lawyer referral service. But certain aggravating factors can make a DUI a felony. Cookie Policy. Map & Directions: Plainfield What Is Aggravated DUI in Illinois? Generally, a first DUI carries up to 364 days in jail, though there is no minimum jail time. All Rights Reserved. What Is An Aggravated DUI Charge in Illinois? January 14, 2022 Aggravated DUI is a felony - and it comes with a potential for a lengthy prison sentence. In aggravated DUI cases, you can't get around the minimum mandatory term of imprisonment - so, for example, if there's a mandatory sentence of at least 3 years in prison, you can't get less . Legal Beagle: When Is a DUI a Felony in Illinois? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. This manual does not cover every aspect of Illinois' DUI laws and should not be cited as a legal authority in court. To get a DUI conviction in court, prosecutors must prove the person was driving or in actual physical control of a vehicle: In other words, a DUI conviction can be based on BAC, actual impairment, or a failed drug test. Read more about our editorial standards. Drivers also face felony charges while driving on a suspended or revoked license; a reckless homicide offense; leaving the scene . Illinois Aggravated DUI Offenses. An Illinois DUI lawyer will help you at every step of your drunk driving case. These circumstances include: Minor passengers. If a person commits three or more DUI offenses, they will face criminal charges for aggravated DUI. Examining 3 Types of Bank-Related Fraud Under Illinois Law. a DUI that resulted in great bodily harm or death to another person. Contrary to popular belief, this applies even to being under the influence of legal or prescribed drugs. We've helped 115 clients find attorneys today. Otherwise, they could still face DUI charges in Illinois. These penalties apply: The administrative penalties for a third conviction include a license suspension of up to 10 years. In this episode of Learn About Law we discuss under what circumstances a DUI becomes an aggravated DUI in Illinois. driver was transporting passengers as a vehicle-for-hire. In Illinois, it's unlawful for a person to drive or be in "actual physical control" of a motor vehicle: So, basically, you can get a DUI based on actual impairment or the amount of substances (drugs or alcohol) in your system. Get Your Free Consultation From a Lawyer Near You. Impairment by a combination of drugs and alcohol resulting in unsafe driving. To illustrate this concept, the following situations are among those that can elevate a regular DUI to the level of an aggravated DUI. Driving a vehicle while under the influence of alcohol or drugs (DUI) is a severe offense in Illinois. Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo. Generally, the criminal penalties imposed for DUI convictions are more severe if: These circumstances can increase the fines, jail time, and community service time for a DUI conviction. Under Illinois's implied consent law, all drivers are deemed to have given consent to chemical testing of breath, blood, urine, and/or another bodily substance if there's probable cause to believe the person is under the influence. The penalties are: Probation is possible under certain circumstances, but there are administrative penalties, including a two-year revocation of a driver's license. A second DUI conviction involving a passenger under the age of 16 years is an aggravated DUI and a class 2 felony. This content is designed for general informational use only. What Happens After a Third DUI in Illinois? - Schierer & Ritchie, LLC Aggravated DUI results in mandatory sentences. A driving under the influence (DUI) arrest typically leads to an administrative "statutory summary suspension" of an offender's license under Illinois's implied consent law. Established Aggravated DUI involving a death as a Class 2 felony, with possible imprisonment of 3-13 years if the violation results in the death of one person or 6-21 years if the violation involves the deaths of two or more persons. Under Illinois law, any driver whose ability to drive is diminished (due to the consumption of an intoxicating substance) is considered to be under the influence. But there are some circumstances where even a first offense can be a felony. Contact our defense team today at 847-359-4005 for a no-cost case review. Also, the prosecution must meet the beyond a reasonable doubt standard for this extra element, too. Class X felony, A second-offense DUI with a child passenger can be charged as an aggravated DUI (see below). A driver is considered to be in actual physical control of a vehicle if he or she has the immediate ability to put the vehicle into motion. How can I win my summary suspension hearing? We've helped 115 clients find attorneys today. In some states, the information on this website may be considered a lawyer referral service. If you go to court you can present defenses, such as arguing your BAC was below the legal limit at the time you were driving even if it went up over time and was above the limit when you were tested. Legal Beagle: DUI in Illinois: Laws, Penalties & What You Need to Know After a DUI Arrest, Legal Beagle: Third Offense DUI in Illinois: Laws, Penalties & What to Expect, Legal Beagle: Laws & Penalties for a DUI First Offense in Illinois, Legal Beagle: Second Offense DUI in Illinois: Laws, Penalties & What to Expect, Legal Beagle: Illinois DUI Records Guide: How to Remove DUIs From Your Record. If you refuse to submit to a chemical test and it is your first offense, your license will be suspended for 12 months. with a tetrahydrocannabinol (THC) concentration of five nanograms or more in the blood or ten nanograms or more in another bodily substance within two hours of driving or being in actual physical control of a vehicle. What happens on a second offense of domestic battery in Illinois? Great bodily harm, permanent disability or disfigurement of a person as the result of a DUI is a Class 4 felony, with a prison sentence from one year to 12 years. Like all states, Illinois prohibits driving a vehicle while under the influence (DUI) of drugs or alcohol. Drivers also face felony charges while driving on a suspended or revoked license; a reckless homicide offense; leaving the scene of an accident in which death or injury occurred; driving without insurance or a valid driver's license; and while transporting passengers in a vehicle for hire, such as a limousine. Felony DUI offenses are called aggravated DUI. Get help from a Illinois DUI lawyer to try to reduce the consequences of a drunk driving conviction. If a person commits DUI and causes serious physical injury, permanent disability, disfigurement, or death, aggravated DUI charges are appropriate. What is an Aggravated DUI in Illinois? | IL Read More: Illinois DUI Records Guide: How to Remove DUIs From Your Record. A mandatory 25 days of community service with an organization that benefits children. Illinois DUI Laws (Everything You Need to Know) - Drive-Safely.net Section 5/11-501 also highlights the Illinois penalties for aggravated DUI. Planned for months: What we know about the killing of three - Yahoo Your case will be referred for prosecuting and you will face criminal charges. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Applicants must show evidence of hardship, enroll in a treatment program, and must often serve at least one year of the license suspension. The sentencing range for a Class 4 felony is 1 to 3 years in the Illinois Department of Corrections, followed by one year of mandatory supervised release (eg, parole). The attorney listings on this site are paid attorney advertising. What is Aggravated DUI? - Skokie IL Criminal Defense Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Aggravated DUI in Illinois | Dolci & Weiland Facing a DUI? while transporting one or more passengers in a vehicle-for-hire. In this article, we will explain the difference between a DUI charge and an aggravated DUI, what factors lead to an aggravated DUI, and the penalties for different types of aggravated DUIs. After January 1, 2020, in-state residents and visitors are allowed to purchase and use cannabis recreationally. One of the goals of DUI law in Illinois is to deter people from committing the crime of drunk or drugged driving more than once. March 2023 1 DSD A 118.26 A DUI conviction used to remain on your driving record for a minimum of 10 years, but it now stays there for life. Read More: DUI in Illinois: Laws, Penalties & What You Need to Know After a DUI Arrest. mandatory minimum sentence, The penalties are: Illinois drivers can face aggravated DUI charges for other reasons, such as a school bus driver with one or more passengers in an accident resulting in bodily harm in a school zone with a current 20 mph speed limit. When a DUI charge is based on the concentration of alcohol or drugs in the driver's system, as opposed to actual impairment, it's often referred to as a "per se DUI.". If two individuals or more died in the motor vehicle crash, then the jail sentence ranges between 6-28 years. This is a severe offense of aggravated DUI because the presumption is that the judge should sentence the DUI offender to prison instead of probation. Information provided on Forbes Advisor is for educational purposes only. A second offense of driving under the influence of alcohol or drugs where the offender has a previous conviction for some form of alcohol-related reckless homicide offense. All felony charges are called aggravated, and they are at a minimum categorized as a Class 4 felony.