Most people are familiar with the criminal charge of driving under the influence (DUI). If you are found operating a vehicle while under the influence of alcohol, you face arrest, fines, loss of your driving privileges, and even jail time. There are two main categories of DUI charges in Illinois: misdemeanor DUI and aggravated DUI. Aggravated DUI is penalized much more harshly than a typical DUI, so building a robust defense strategy is crucial. If you or a loved one were charged with aggravated DUI, contact a criminal defense lawyer for help.
What Is Different About an Aggravated DUI?
Misdemeanor DUI is the standard charge a person faces for operating a vehicle while intoxicated by alcohol or drugs. The presence of certain “aggravating” factors elevates a misdemeanor DUI to an aggravated DUI. These factors make the offense more egregious in the eyes of the court.
Courts are likely to deem a DUI aggravated if:
- The driver has previous DUI convictions
- The driver has a suspended license
- The driver was uninsured
- The crash caused serious injury or death
- The DUI occurred in a school zone
- A minor suffered bodily harm
- The driver has previous DUI convictions and was transporting minors under 16-years-old
Aggravated DUIs are punished much more harshly. Unlike misdemeanor DUIs, the court must sentence the perpetrator to a minimum of 10 days in jail or 480 hours of community service. The court can sentence an offender to a prison sentence of more than one year.
Contact a McHenry County Criminal Lawyer
Being charged with a serious offense, such as aggravated DUI, is terrifying. Your entire future may be at stake. You could go to prison, lose your job, and face serious financial penalties. The stability and predictability you took for granted are now in doubt.
To make the situation even more stressful, law enforcement may seem disinterested in your side of the story. It is easy to feel you are being treated as guilty before all the evidence is even available.
Although the circumstances seem dire, it is important to remember that those charged with a crime have rights. An experienced criminal defense lawyer can make sure law enforcement acted properly before, during, and after the arrest. They can identify shortcomings in the prosecution’s case and launch a thorough investigation to uncover the truth.
Botto Gilbert Lancaster, PC believes a lawyer is more than just a professional in a suit that interprets the law. Our firm believes a good lawyer respects the client’s autonomy, crafting a legal strategy that prioritizes their unique needs.
Contact one of our McHenry County criminal defense attorney for help. Call Botto Gilbert Lancaster, PC today at 815-338-3838 for a free initial consultation.
Source:
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501