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Types of Felony (Aggravated) DUI Offenses

Posted on in DUI Defense

IL DUI lawyerWhen someone is arrested for drunk driving in Illinois, they will typically be charged with one of two crimes, either driving under the influence (DUI) or aggravated DUI.

An aggravated DUI charge results from driver actions that the state legislature has deemed particularly harmful or risky to public safety.

Aggravated DUI Is a Felony

A key distinction between “simple” DUI and aggravated DUI is the classification of the crime:

  • A simple DUI, such as a first or second DUI with no aggravating factors, is a Class A misdemeanor; and
  • Aggravated DUI is a felony ranging from Class 4, the least severe crime, to Class X, the most severe.

How Aggravated DUIs Are Classified by Severity

The following offenses are deemed Class 4 felonies:

  • DUI committed without a valid driver’s license or vehicle liability insurance;
  • DUI committed while driving either a school bus or a vehicle for hire when passengers are on board;
  • DUI committed in a school zone while the restricted speed limit is in effect and causing a crash that resulted in physical injury;
  • DUI resulting in great bodily harm, permanent disability, or disfigurement; and
  • DUI committed while the offender’s license was revoked or suspended for DUI, reckless homicide, or leaving the scene of a personal injury or death.

DUI committed after a previous conviction for reckless homicide while DUI or aggravated DUI involving a death is a Class 3 felony.

The following aggravated DUI offenses are Class 2 felonies:

  • A third or fourth DUI conviction;
  • A second or subsequent DUI committed while transporting a child under age 16;
  • DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child; and
  • DUI resulting in a death.

A fifth DUI conviction is a Class 1 felony, while a sixth is a Class X felony.

Aggravated DUI Sentences Can Be Severe

As an example, the sentence for a Class 2 felony may include three to seven years in prison, or probation for up to four years, and a fine of up to $25,000.

Probation is a sentencing option for the less severe felony DUIs, but not for a fourth or subsequent DUI conviction. An aggravated DUI offender sentenced to probation-only must serve a minimum of 480 hours of community service in addition to any other penalties imposed by the judge, such as a fine or an order to pay restitution to a crash victim.

A fourth or subsequent DUI conviction will also result in a lifetime revocation of the offender’s driver’s license. However, due to a 2016 change in Illinois law, such offenders may, after five years, qualify for a Restricted Driving Permit (RDP) with a breath-alcohol ignition interlock device installed in their car.

Talk to an Established DuPage County DUI Defense Attorney

If you are charged with aggravated DUI, do not wait to seek the advice of an attorney. An experienced Oakbrook Terrace DUI defense lawyer will thoroughly investigate the circumstances of your case and develop a legal strategy to get you the best possible outcome. Call McMahon Law Offices at 630-953-4400.






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