More Serious Charges for Multiple Offenses

It is no surprise that repeat offenders receive stiffer sentences. Recently, a 32-year old Lombard man who was charged with DUI for an incident last summer had his charge amended to a more serious “aggravated driving under the influence.” His charge was upgraded due to his previous record of reckless driving. In 1998, he was convicted for causing a crash that resulted in two deaths.

Aggravated DUI
An aggravated DUI is a serious offense. Under the Illinois Vehicle Code (625 ILCS 5/11-500, subsection (d)), a driver may be charged with aggravated DUI if that driver was driving under the influence in any of the following situations:

• The driver was involved in crash that caused a death (includes driving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft).
• The driver caused a personal injury.
• The driver has received a third DUI.
• The driver was driving a school bus with children.
• The driver had a previous history of reckless homicide or aggravated DUI involving a death.

Aggravated driving under the influence is a Class 4 felony and carries with it a possible prison sentence of one to three years. This penalty is increased to a Class 2 felony for a third or subsequent conviction and carries a possible three to seven year prison sentence. A fifth conviction is a Class 1 felony carrying four to fifteen years, and a sixth conviction is a Class X felony with a possible six to thirty year prison sentence. These possible sentences can be extended if there is a personal injury or death involved. For example, a Class 4 felony with a personal injury would carry a possible one to twelve year sentence. If a death was involved, the sentence could range from three to fourteen years and six to 28 years for multiple deaths.

Illinois law also provides “add-ons” and modifications if other factors were present during a DUI arrest. These factors include driving under extreme influence (BAC of .16 or higher), driving under the influence while endangering a child, and driving under the influence while under the age of 21. With so many different factors and permutations, it is important to consult an attorney who is experienced with Illinois drunk driving laws to sort through your case.

Other Penalties
Imprisonment is only one deterrent offered by Illinois law. Repeat offenders can expect any of the following to occur:

• court order to install an ignition interlock device in vehicle to permit driving
• fines ranging from $2,500 to $25,000
• suspension or permanent revocation of driving privileges
• mandatory jail time
• community service
• vehicle's registration may be suspended or revoked
• vehicle may be impounded or seized
• be required to complete alcohol education course or substance abuse treatment program
• statutory suspension

Statutory Summary Suspension
A Statutory Summary Suspension is an administrative procedure requiring the automatic driver's license suspension of a driver arrested for DUI who fails or refuses to undergo chemical testing. A test showing a Blood Alcohol Content (BAC) of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound constitutes a “failed” test. This penalty is especially harsh since it does not even require a conviction. Currently, a driver may apply for a Judicial Driving Permit. However, that provision is being phased out and replaced with Monitoring Device Driving Permit (MDDP), which requires the installation of an ignition interlock device. Please see our previous blog posting on this topic.

Thanks for reading my blog. If you have any questions or comments, feel free to leave a response to this posting, but keep in mind that your response will not be kept confidential. If you have been arrested for DUI in the Chicago area, contact an experienced DUI attorney immediately to protect and preserve your rights. If you need assistance with a violation of Illinois’ DUI or traffic laws, contact me to schedule a free, confidential consultation.