Are You Charged with Aggravated or Felony Driving Under the Influence?
Aggravated Driving Under the Influence is charged when a person is accused of Driving Under the Influence and there is an additional aggravating factor present. Aggravated DUI charges are also known as Felony Driving Under the Influence charges. People accused of Aggravated DUI can face serious penalties.
The DUI Defense Lawyers at the Noll Law Office in Springfield, Illinois have handled Aggravated (Felony) Driving Under the Influence cases for years. We are trained in challenging breathalyzer results and fighting field sobriety tests. If you or your loved one is facing an Aggravated (Felony) Driving Under the Influence charge, contact one of our Driving Under the Influence attorneys to schedule a free initial consultation. Our attorneys can explain your options to you and discuss how the facts of your case can relate the ultimate outcome of your case.
What Makes a DUI Aggravated or a Felony?
First, the state must alleged that you were driving under the influence or alcohol, drugs, or some other controlled substance. The following are factors which can turn a misdemeanor Driving Under the Influence charge into an Aggravated (Felony) Driving Under the Influence case:
- Causing death to another
- Causing great bodily harm to another
- Driving on an expired license
- Driving on a revoked license
- Driving with expired or revoked insurance
- Having 2 or more prior DUIs
What Are the Penalties for an Aggravated DUI in Illinois?
The penalties for Aggravated (Felony) Driving Under the Influence differ based upon the aggravating factors present. For example, if a person died as a proximate cause of the DUI, the penalty is 3 to 14 years in the Department of Corrections with probation given only by a finding of exceptional circumstances by the court. Moreover, a person convicted of Aggravated DUI must serve 85% of that sentence.
Sentences involving multiple Driving Under the Influence charges are determined by the number of prior DUIs the person has been convicted of. See our Multiple or Subsequent DUI page for more information regarding potential penalties if this is not your first DUI offense.
Do You Think the Police Officer Did Not Properly Administer the Standard Field Sobriety Tests?
If you think that the officer did not properly administer the field sobriety tests to you, contact one of our Aggravated DUI defense lawyers for a free initial consultation.
See our Field Sobriety Page for more information about the administration of field sobriety tests and how they can affect your case.
Did the Officer Have Probable Cause to Pull Your Vehicle Over?
One of the major issues in an Aggravated Driving Under the Influence case is why the officer pulled the vehicle over. Often times, the officer stops a vehicle because of an equipment violation such as a broken tail light. Our DUI Defense Attorneys are well versed in Aggravated (Felony) Driving Under the Influence cases and understand how police officers operate. We have successfully argued for our clients that there was no probable cause for the officer to pull the vehicle over and that there was no reason for the officer to reasonably believe that our client was under the influence. Contact our Driving Under the Influence (DUI) attorneys today for a free initial consultation to discuss your case. Weekend and after hours appointments are available.
People v. M.N. (2015)
M.N. was 17 years old and involved in a fatal accident where she drove into a house. After being taken to the hospital, a blood draw was conducted and found the presence of marijuana. M.S. was charged with Driving Under the Influence of Any Amount of Drug and facing 3-15 years in the Illinois Department of Corrections. The sentence would need to be served at 85% and probation is not to be given unless “exceptional circumstances” are found. Our DUI Defense Attorney, Daniel Noll, was able to negotiate an open plea to Reckless Homicide for M.N. After the sentencing hearing, the judge sentenced M.N. to 30 months of PROBATION and NO JAIL TIME. M.N. never served a day in jail on the offense.