All around Illinois, residents are looking forward to the holidays. Enjoying time off of work, attending holiday parties, and enjoying the merriment of the holidays. These actions make it easy to make mistakes when it comes to drinking and driving. You are coming home from a long day of work and you stop by your company’s holiday party. You decide to have two drinks, and you stay and chat for a while. You get up to leave and think you are not buzzed at all. Nonetheless, on your way home, you see a highway checkpoint. After cooperating with the police, the officer informs you that he is arresting you for a DUI. After one simple mistake, you are now facing DUI charges.
Consequences for Illinois DUI Charges
DUI charges always increase during the holiday season. More Illinois residents are consuming alcohol at holiday parties, more people are on the roads, and their inhibitions are generally more relaxed during this fun and festive time. In Illinois, a DUI charge is usually a Class A misdemeanor that comes with a prison sentence of up to one year. However, when certain factors are present, a DUI can rise to the level of a felony, called an aggravated DUI.
Individuals convicted of an aggravated or felony DUI face maximum prison sentences in excess of one year. Typically, those convicted of an aggravated DUI serve prison sentences of between one and three years. Defendants who have prior DUI convictions on record face more serious prison sentences. When the defendant has already committed two prior DUIs, a third DUI conviction is a Class 2 Felony in Illinois, requiring a jail sentence of three to seven years.
Factors that Raise a Misdemeanor DUI to an Aggravated DUI
Many Illinois drivers are not aware that certain factors can raise a DUI to an aggravated DUI. Nobody wants to face an aggravated DUI charge during the holiday season. The following factors cause a misdemeanor DUI to be raised to the level of aggravated DUI:
- Driving with a revoked or suspended license due to a prior DUI, leaving the scene of an accident, driving under a summary suspension, or a reckless homicide
- Driving without a valid driver’s license when the DUI occurred
- Drunk driving that causes great bodily harm, permanent disability, or permanent disfigurement
- Driving without valid motor vehicle insurance when the driver knew or should have known that the vehicle was uninsured
- Accidents that result in one fatality come with a one-to-12-year prison sentence. Accidents that cause multiple fatalities come with a six-to-28-year prison sentence in Illinois
- Driving while under the influence of alcohol while in a school zone when the driving causes any bodily harm to another individual
- Conviction of a second DUI while transporting a minor under the age of 16
- Conviction of a second DUI after a previous alcohol-related homicide conviction comes with a prison sentence of one to three years in prison
The Cook County Aggravated DUI Lawyers can Help
At Glasgow & Olsson, our aggravated DUI defense lawyers have helped many Chicago area clients fight their aggravated DUI charges. We understand that our clients sometimes make mistakes. Our attitude is “there but for the grace of God go I.” We are empathetic and offer our clients effective criminal defense strategies. DUIs increase over the holiday season. If you are facing a DUI charge, contact our office today to learn how our law firm can help you.