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Fighting Against an Aggravated DUI Charge Here in the state of Illinois, a DUI conviction can come with serious legal ramifications. Not only will the convicted party face a Class A misdemeanor charge, but they will also lose their driving privileges, face significant fines, and even potentially spend time in jail. Due to the fact that some crimes are blatantly worse than others, not all DUI charges are equal. There are a number of offenses that can elevate a DUI to an aggravated DUI, leading to even more potential punishment. Below we will discuss how to respond to an aggravated DUI charge

What Is an Aggravated DUI?

An aggravated DUI can simply be defined as a DUI with specific aggravating acts. For instance, if a person is charged with their third DUI, the charge will be elevated to an aggravated DUI. If the driver is apprehended while driving without a license or driving with a minor under the age of 15, the charge will be elevated. The most common aggravating factor is having a blood alcohol concentration over .16%. 

It is important to understand that an aggravated DUI can come with life-changing legal consequences. Even the most minor forms of aggravated DUIs constitute a Class 4 felony charge. If convicted, the driver could face as many as three years in prison. It should be noted that some aggravating factors, such as a DUI in which someone was injured, can lead to more severe punishments. 


The Penalties for Violating Driving Restrictions After DUIMillions of Americans lose their driving privileges every year. A driver can lose their driving privileges for a number of reasons, but the most common cause is a DUI conviction. While a DUI conviction will likely lead to a license suspension, it does not mean that the person will necessarily be unable to drive. There are a number of ways in which a person can regain their driving privileges after a DUI conviction, including a Monitoring Device Driving Permit (MDDP) and a Restricted Driving Permit (RDP). While both MDDPs and RDPs can represent great options for DUI offenders to regain their ability to drive, it is important to understand the legal consequences of breaking the rules and regulations of both permits. Below we will discuss the legal ramifications of illegally driving with a suspended license

The Legal Ramifications

First and foremost, if a driver with a suspended license does not take the necessary steps to gain a permit such as those mentioned above, they are not permitted to drive in any scenario. If they are apprehended while driving, they will likely be charged with a Class A misdemeanor and face fines as high as $2,500. While those consequences seem severe, the legal consequences of breaking the rules of an MDDP or RDP come with significant and potentially life-changing ramifications.

An MDDP will allow a driver to drive freely as long as their vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID). That being said, if the driver is apprehended while driving a vehicle without a BAIID, they will face a Class 4 felony charge. A driver with two or more intoxicated driving offenses can apply for an RDP, which essentially allows a driver to drive to and from critical locations such as work, the grocery store, and their child’s school. Breaking the well-documented rules of the RDP will lead to loss of the permit and potential jail-time. For more information on suspensions, reinstatement, and your permit options, speak with a knowledgeable attorney today. 


Posted on in DUI Defense

The Consequences of a Second DUI ChargeGetting pulled over and accused of driving under the influence of alcohol is a uniquely stressful experience. This is especially true when the driver has previously been convicted of a DUI. While all DUI charges should be taken seriously, a second DUI conviction can come with incredibly severe legal ramifications. A driver will face not only a significant increase in fines, but they will also face more difficulty regaining their driving privileges and a higher likelihood of time in prison. In order to give yourself the greatest chance to fight a DUI charge, it is important to act quickly. Most importantly, you need to hire a DUI defense attorney that will aggressively represent your best interest. 

Understanding the Legal Consequences

In order to approach your DUI case with the urgency it rightfully warrants, you need to gain an understanding of the consequences of a second DUI conviction. In Illinois, a second DUI conviction will constitute a Class A misdemeanor and come with fines of up to $2,500. While on the surface the criminal charges are the same as a first offense, the offender will face increased difficulty avoiding the full force of the law. For instance, both a first-time and second DUI conviction can result in up to one year in prison, but a judge is much more likely to sentence you to significant prison time for a second offense. 

Where the real difference comes between a first offense and a second charge is in the offender’s ability to regain their driving privileges. While a first time DUI offense leads to a six-month license suspension, a second offense can lead to a license suspension of five years. It should also be noted that there is no lookback period in Illinois, meaning a DUI will remain on your permanent record no matter when you were charged. So if you are ultimately convicted, your next charge would result in felony charges and potentially years behind bars. 


Posted on in DUI Defense

Reacting to a DUI Traffic StopEvery year, more than 20,000 people in Illinois are arrested for driving under the influence of alcohol. In a significant percentage of those cases, the party arrested is ultimately convicted of driving under the influence. While many people assume that a conviction is inevitable after they have been pulled over on suspicion of drinking and driving, that is factually incorrect. In reality, your actions while and after being pulled over can dramatically impact the likelihood of a conviction. Below we will examine how you should react to a DUI traffic stop. 

Steps You Should Take During a Traffic Stop

Seeing red and blue lights behind your vehicle is no enjoyable experience, but your ability to have some emotional fortitude can be the ultimate difference between potential jail-time and no criminal charges at all. Here are a few steps you should take during the arrest process. 

  1. Pull Over Safely: The worst thing you can do as you are getting pulled over is to make the situation worse by pulling over in an unsafe manner. Pulling over at high speeds can cause you to lose control of your vehicle and potentially lead to an accident. Pulling over on a blind turn or on a bridge can make it more difficult for other vehicles to avoid you and the officer. If you pull over in an unsafe manner, not only are you putting yourself in danger, but you are likely prompting more suspicion from the officer. 
  2. Do Not Panic: Remaining calm is one of the most important things you can do during a traffic stop. Panicking will likely lead to perspiration or tremors, which can lead to suspicions of illegal activity from the officer. Most importantly, though, panic can lead to erratic or aggressive behavior, limiting your ability to fight against a charge in court. Keep your emotions in check and let your attorney do the rest. 
  3. Understand Your Rights: If an officer asks for you to take a breath test, you have the right to decline. If an officer tells you that you would be breaking the law by not taking the test, they are either deceiving you or unaware of the laws in Illinois. While declining a breath test will result in loss of driving privileges for one year, it is not a criminal offense. Understanding your rights can be the most important step you take during a DUI traffic stop. 
  4. Try to Remember the Events: If you are in fact arrested by an officer, it is important to be able to analyze the arrest process with your attorney. If the officer forced you to give a breath sample, was verbally or physically abusive, or failed to read you your Miranda rights prior to questioning in police custody, your attorney will have a strong defense case in court. 

Contact an Oak Brook DUI Defense Attorney

At McMahon Law Offices, we understand just how traumatic a DUI stop can be. Whether you have been mistreated or charged with a DUI, it is time to seek out quality legal assistance. Our attorneys are dedicated to building a quality defense case for all of our clients, in the hopes of avoiding a conviction. If a conviction is ultimately unavoidable, we will do everything in our power to lessen the charges and help you regain your driving privileges as soon as possible. To schedule a complimentary initial consultation with a skilled DuPage County criminal defense attorney, call us today at 630-953-4400. 


The Importance of Hiring a Skilled Attorney in Your DUI Case Every year, hundreds of thousands of Americans are arrested and charged with driving under the influence of alcohol. Here in Illinois, upwards of 20,000 Illinoisans are apprehended each year for inebriated driving. If a person is convicted of a DUI, their life can be changed forever. From potential jail time to loss of driving privileges, the legal ramifications of a DUI conviction should not be taken lightly. Hiring an experienced DUI defense attorney can make all the difference in your case. 

How an Attorney Can Help

When you hire a quality DUI defense lawyer, you are making a conscious choice to fight against the charges you are facing. A skilled DUI defense attorney can lessen the severity of criminal charges or help you avoid a conviction altogether. Here are just a few reasons why hiring the right attorney is critically important in your DUI case: 

  1. Loss of Driving Privileges: If convicted of a DUI, you will lose your driving privileges in some capacity. According to Illinois state law, a first-time DUI conviction will result in a minimum license revocation period of one year. A second conviction constitutes a five-year revocation period. While a first-time offender can purchase a Breath Alcohol Ignition Interlock Device (BAIID) and gain probationary driving privileges, the process of doing so can be long and tedious. An experienced legal professional can fight for your right to drive.
  2. Time Spent in Jail: When some people think of a DUI case, they believe that it is best to accept the criminal charges and move on with their lives. This assertion could not be further from the truth. A DUI conviction can result in jail time, and subsequent convictions will almost certainly lead to some time in prison. A first-time DUI offender will likely not face jail time, barring aggravating circumstances (a minor was in the vehicle or someone was caused significant bodily harm). A second conviction can result in a minimum of five days in jail. As the convictions pile up, so too does the possible time spent in jail.
  3. Someone to Fight For You: After being charged with a DUI, it is common to feel helpless. The legal process can be isolating, and the law enforcement officials in your case can be intimidating. A quality legal professional will not be deterred from examining every aspect of your DUI case, in hopes of helping you avoid a conviction. Were you operating your vehicle in a negligent manner, prompting a traffic stop? Did the officer explain your Miranda rights during your arrest? Did the officer use intimidating language or physical force to coerce you into chemical testing? In your DUI case, someone should ask these questions. A knowledgeable DUI defense lawyer will.  

Contact an Oak Brook DUI Defense Lawyer 

At McMahon Law Offices, we fully understand the manner in which a DUI conviction can change a person’s life. Because of this, we are prepared to do everything in our power to help you avoid a conviction. To schedule a complimentary initial consultation with a skilled Arlington Heights DUI defense attorney, call us today at 630-953-4400. 

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