What is an Aggravated DUI in Illinois?
In Chicago, an aggravated DUI can involve any of the following circumstances:
- A Third or Subsequent DUI
- Bodily Harm or Death
- DUI Causing Bodily Harm in a Construction Zone
- A Child Passenger (under 16)
- No License/Insurance
- Driving a School Bus
- In a School Zone with Children Present
- While Transporting Passengers for Hire
Many DUI arrests that may seem routine can escalate into felony charges and long-term consequences– if your DUI involves any of these factors, it is imperative that you swiftly reach out to a Chicago DUI defense lawyer for hard-hitting legal representation.
Aggravated DUI means there are factors in your case that heighten it beyond a standard DUI. When you are facing an elevated charge and penalties, don't delay in contacting Combs Waterkotte and getting the aggressive legal defense you need in your corner. You can contact our law offices today at (314) 900-HELP.
What Happens After an Aggravated DUI Arrest in Chicago?
After you have been arrested for an aggravated DUI in Chicago, you should know that you will face the following:
- Felony Charges: You can face a Class 4, 3 or 2 felony charge, depending on the circumstances surrounding your aggravated DUI case.
- A Bond Hearing: You will appear before a judge for a bond hearing, shortly after your arrest, to determine bail conditions.
- Statutory Summary Suspension: Your driving privileges will be automatically suspended 46 days after your arrest, but you can contest this in court.
- Vehicle Seizure: Your vehicle may be towed and impounded, and potentially subjected to forfeiture. This is especially likely if your case involves driving on a suspended or revoked license, prior DUI convictions or an accident causing injury.
How Aggravated DUI Differs from a Standard DUI in Chicago
An aggravated DUI is different from a standard DUI, in both its classification and severity.
When you are charged with an aggravated DUI in Chicago, you may face the following:
- Felony Charges: While a standard DUI is a misdemeanor offense, an aggravated DUI is a felony offense– usually a Class 4 or 2, with higher classifications possible, in the most severe cases.
- Prison Exposure: While a standard DUI results in county jail time, an aggravated DUI can result in a state prison sentence, which carries stricter conditions, and significantly fewer privileges.
- Longer License Revocation: Your license is likely to face a longer license revocation, and along with that, more restrictive reinstatement requirements and, in some cases, the mandatory use of a Breath Alcohol Ignition Interlock Device (BAIID).
- Long-Term Effects on Your Life (restricted employment and housing, loss of professional license): These long-term consequences often extend well beyond the courtroom and can shape your opportunities for years to come.
- Collateral Consequences (vehicle seizure, extended supervision or probation): You could also face additional consequences such as vehicle seizure, extended supervision, or lengthy probation terms.
Because an aggravated DUI is among the most severe DUI charges you can face in Illinois, the consequences are significantly more severe than a standard DUI. To protect your rights and explore your defense options, you should speak with a Chicago DUI defense lawyer as soon as possible.
Penalties for Aggravated DUI in Chicago, Illinois
If you are convicted of aggravated DUI in Chicago, you will face the following:
- Mandatory Minimums: 10 days in jail or 480 hours of community service
- Prison Time: 1-30 years in prison
- License Revocation: A minimum of 10 years to lifetime revocation
- Fines: Up to $25,000 plus court costs and legal fees
- Vehicle Penalties: Possible permanent seizure or forfeiture
Depending on the class of the felony you are charged with, you will be looking at the corresponding prison sentence:
- Class 4 Felony: 1-3 years in prison
- Class 3 Felony: 2-5 years in prison
- Class 2 Felony: 3-7 years in prison
- Class 1 Felony: 4-15 years in prison
- Class X Felony: 6-30 years in prison
Given the severity of the penalties associated with an aggravated DUI, early legal representation is critical to understanding your exposure and protecting your future.
What the Prosecution Must Prove in a Chicago Aggravated DUI
The prosecutor will have to prove, beyond a reasonable doubt, that you were driving under the influence of drugs or alcohol (0.08% BAC or higher) and an aggravating factor was present.
These factors include:
- Great Bodily Harm
- Death
- A Third or Subsequent DUI
- Driving with a Child Under 16
- Driving Without a Valid License
Prosecutors will rely upon police officer observations, body camera footage, field sobriety tests, chemical test results, accident reports and witness statements.
In a death or injury case, the prosecution will have to show that the intoxicated driving was the proximate cause of the accident (meaning your impaired driving is what led to the crash or injury). In these cases, they may rely upon accident reconstruction, medical records and expert testimony.
Because the evidence in question is not always conclusive, each piece should be thoroughly examined for accuracy, reliability and compliance with proper procedures. To get Combs Waterkotte investigating your case and looking for holes in the prosecution’s arguments, don’t hesitate to contact our Chicago DUI defense lawyer today.
Defense Strategies in Chicago Aggravated DUI Cases
At Combs Waterkotte, we will need to carefully review your case before determining which defense may be applied to you. Common defense strategies in a Chicago aggravated DUI case include:
- Challenging the Traffic Stop
- Questioning Field Sobriety Test Results
- Attacking Chemical Test Results
- Disputing the Aggravating Factor
- Showing Lack of Impairment
- Establishing Constitutional Violations
- Negotiating for Reduced Charges
Because every aggravated DUI case is different, our defense strategy will depend upon the specific facts, evidence, and circumstances involved in your arrest.
Why You Need to Act Quickly After a Chicago Aggravated DUI Arrest
Following an aggravated DUI arrest in Chicago, it is important that you act quickly to protect your rights and position yourself for the best possible outcome.
You should act quickly because:
- Evidence can weaken or disappear over time (including body cam footage, surveillance videos and witness recollections)
- Your driving privileges are on a strict timeline (suspensions begin automatically if not addressed promptly)
- Early legal intervention can influence how charges are handled (including whether reductions or dismissals are possible)
- Court deadlines and bond conditions begin immediately (which can affect your freedom and case strategy)
- It allows your defense team to have greater leverage (securing evidence and challenging evidence from a stronger position)
When you call Combs Waterkotte, we will begin immediately investigating your case, preserving critical evidence and advocating for your best interests. We won’t rest until we have fought for the most favorable outcome on your behalf.
