The Definition of Aggravated DUI
In the state of Illinois an aggravated DUI is a normal or misdemeanor DUI with an aggravating factor. Those aggravating factors turn a misdemeanor, which is a criminal offense punishable up to one year in jail, into a felony offense which is an offense that is punishable by more than a year in prison.
A misdemeanor DUI is your standard, first offender, second offender where there was no accident. The state has to prove that the individual was driving or an actual physical control of the vehicle and that they were under the influence or alcohol, drugs or a combination thereof.
An aggravated DUI takes those two elements and adds an additional element. That additional element can be any of the following. First, that the individual’s drivers license was suspended or revoked. Number two, that there was a death resulting from the DUI. That there was an accident and somebody was killed or number three, that there was a great bodily harm involved in the accident. For example, somebody had some serious injuries that stemmed from the accident.
A DUI can also be turned into a felony based upon the number of prior DUIs an individual has. If a person has two or more DUI convictions they can be charged with a felony driving under the influence.
Finally, if a person’s insurance is suspended or expired, or revoked at the time of the DUI that also is an aggravating factor that can be used to enhance the possible penalties. If you or anybody you know has been charged with aggravated DUI in Springfield, Illinois or any of the surrounding areas, please feel free to give us a call at our office which you can see the phone number listed on our website or submit a contact form on the website as well. I would be happy to discuss that with you.