An aggravated DUI is a more serious charge than a regular DUI and carries harsher consequences. In Illinois, any DUI charge that is classified as a felony charge is automatically considered to be an aggravated DUI charge. Aggravated DUI charges can range anywhere from a Class 4 felony to a Class X felony, depending on the circumstances. The following elements constitute aggravated DUI under Illinois drunk driving laws:
- The offenders third DUI offense.
- Driving a school bus with passengers under 18 years of age on board.
- A second offense of DUI where the defendant has an earlier conviction for some type of alcohol-related reckless homicide offense.
- Driving in a school zone (20 mph speed limit on a school day with children present) and being involved in an accident involving bodily harm to another.
- Causing the death of another person.
In addition, a first-offense DUI charge becomes an aggravated DUI if the driver caused a car accident that resulted in injuries to any passengers under the age of 16, and a second-offense DUI charge becomes aggravated if there was someone under the age of 16 in the vehicle, even if the driver did not cause an accident that hurt them. An aggravated DUI is a class 4 felony in Illinois, which is punishable by 1-3 years in prison.
