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DUI vs Aggravated DUI in Illinois

Posted on in DUI Defense

Illinois DUI lawyerA nice evening on the weekend is perfect for any social gathering, whether for a birthday, wedding, or just an evening with family and friends. If alcohol is involved, it should not a problem if people partake in drinking. Where the act of drinking becomes a problem is when a person has had a little too much to drink and then attempts to drive back home. If anyone drives home after drinking, that person needs to know what the consequences may be if pulled over by law enforcement.

DUI and Penalties

A difference between a DUI charge and an aggravated DUI charge lies in the number of DUI charges the offender has committed, if the offender transported anyone 16 years old or under, and the offender’s BAC level.

If the person commits the offense for the first time, then he or she will be faced with a DUI, which will likely result in a Class A misdemeanor. A DUI charge will also be filed if the person commits a DUI offense for the second time, which will also result in a Class A misdemeanor, five days required in jail or 240 hours of community service, loss of driving privileges for at least five years for a second conviction within 20 years, and/or suspension of vehicle registration.

Aggravated DUI and Penalties

DUI and aggravated DUI descriptions cannot be used interchangeably. Both charges are very different in where the offense takes place, and what penalties will be placed. An aggravated DUI charge will be placed if this was the third or subsequent DUI offense, along with a Class 2 felony. If the person was drinking and operating a school bus that carried at least one person under the age of 18, then he or she will face an aggravated DUI charge with a Class 4 felony. The following offenses could also be considered as aggravated DUI charges; these examples include but are certainly not limited to:

  • A DUI offense committed while driving a vehicle for hire carrying at least one passenger, resulting in a Class 4 felony;
  • A DUI offense committed while driving with a child passenger younger than 16 and involved in a car accident with bodily injury to the child, resulting in a Class 2 felony; and
  • A DUI offense that resulted in death, resulting in a Class 2 felony.

Call a DuPage County DUI Defense Lawyer

A night behind bars is not the way that anyone would want to spend his or her time. Once charges have been filed, there are a lot of serious consequences that the person may face. If you or a loved one has been charged with driving under the influence, you are not alone in the legal battle. McMahon Law Offices will walk you through the legal process and help you win the best case results possible. To schedule a free consultation, please call an Oakbrook Terrace DUI defense attorney at 630-953-4400 to get the help you deserve.




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