What is the penalty for aggravated DUI in Illinois?

Asked by: Christa Luettgen  |  Last update: February 19, 2022
Score: 4.4/5 (8 votes)

Unlike a misdemeanor DUI, felony aggravated DUIs have maximum sentences in excess of one year in prison. If a driver is convicted of an aggravated DUI, the court is required to sentence him or her to a minimum of 10 days in jail or 480 hours of community service.

What class felony is aggravated DUI in Illinois?

A third DUI offense in Illinois results in a Class 2 felony charge of aggravated DUI. A Class 2 felony has a sentence of 3-7 years in the Illinois Department of Corrections but is probationable.

What is considered an aggravated DUI in Illinois?

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.

How many DUIS before you go to jail in Illinois?

If you have two previous DUI convictions in the state of Illinois, a new arrest is no light matter. If you are convicted of a third DUI, you could face mandatory time in jail and five-figure fines, among other serious penalties.

What is aggravated DUI?

While DUI is a serious offense in any circumstance, there is a more severe form of DUI known as aggravated DUI. An aggravated DUI occurs when the driver's actions create a greater danger beyond drinking and driving. These factors involve a heightened danger to yourself or other people.

What is an Aggravated DUI? | Learn About Law

34 related questions found

What makes a DUI a felony in Illinois?

A DUI charge is a Class 3 felony if the offender had a previous reckless homicide DUI conviction or aggravated DUI conviction involving death. A Class 2 felony charge carries a potential sentence of three to seven years in prison and a maximum of $25,000 in fines.

What is the limit for aggravated drunk driving?

The limit for aggravated drunk driving is 1.0 per mille blood alcohol.

What is the penalty in Illinois for someone who is convicted of a DUI for a third time?

Penalties for a Third DUI in Illinois

A third DUI is a Class 2 felony, and it carries the following punishments: A minimum of 10 days in jail or 480 hours of community service. A minimum of 90 days in jail if your BAC was 0.16% or more. A maximum of 3-7 years in jail if no aggravating factors are present.

What is the penalty in Illinois for someone who is convicted of a DUI for a second time?

The penalties for a second DUI conviction can include up to 1 year in jail and a fine in the amount of up to $2,500.00 plus mandatory court assessments. Additional penalties, including community service, treatment and attendance at a victim impact panel are very common and often required.

What happens to first-time DUI offenders in Illinois?

Because a first DUI offense is a Class A misdemeanor in Illinois, if you're arrested and charged with this crime you'll face a potential jail time of one year and fines of up to $2,500. ... Often, they don't face the maximum fine; however, there's a mandatory minimum fine of $500.

Is Illinois a zero tolerance state?

Under Illinois' Zero Tolerance Law, a driver under age 21 caught with any trace of alcohol in his/her system will lose his/her driving privileges. ... After administering such tests, the law enforcement officer submits a sworn statement to the Secretary of State's office and the offender's driver's license is suspended.

What is a Class 1 felony in Illinois?

A Class 1 Felony in Illinois is the 2nd most serious class of felonies in the State of Illinois. This class of felony involves very serious crimes, such as criminal sexual assault, possession of heroin/cocaine/opioids and theft that was valued from $10,000 to $100,000.

How long does a DUI stay on your record in Illinois?

If you're convicted of driving under the influence of alcohol or drugs, your driving privileges will be revoked for a minimum of one year for a first-time DUI criminal offense. A drunk driving conviction in Illinois will stay on your driving record for life.

Is a Class 1 felony Probationable in Illinois?

A Class 1 Felony is punishable with a minimum term of imprisonment of 4 years up to a maximum of 15 years. ... Some Class 1 Felonies are non probationable. See 730 ILCS 5/5-5-3(c)(2)(F). If a defendant has a previous Class 1 Felony conviction within the last 10 years they are not eligible for probation.

Is a 3rd DUI a felony in Illinois?

Class 2 felony

A third offense for driving under the influence (DUI) is a very serious case because it is not a misdemeanor offense. Rather, a third DUI in Illinois is a Class 2 felony. ... A Class 2 felony is punishable by 3-7 years in the Illinois Department of Corrections (prison).

Can a felony DUI be expunged in Illinois?

Unless you win your DUI case by having it dismissed or getting a not guilty verdict, you can never expunge or seal the DUI. ... If you were convicted, however any other disposition for a DUI is never eligible to be expunged or sealed in Illinois.

How can I get my DUI reduced to reckless driving in Illinois?

However, under Illinois Law (Section 11-503) it is possible to get a DUI charge reduced to a reckless driving charge commonly known as “wet reckless.” through a plea bargain. A Wet Reckless charge is considered a Class A misdemeanor in Illinois and if convicted you could face a $2,500 fine and up to a year in jail.

Will I go to jail for second DUI in Illinois?

A second DUI is a Class A misdemeanor offense, which means that the sentence can be up to one year in jail and a maximum fine of $2,500. ... The minimum sentence allowable under Illinois law for a second DUI is a conviction. And a conviction will cause the Secretary of State to revoke the defendant's driver's license.

What are the DUI laws in Illinois?

Penalties for Drunk Driving in Illinois

Any person convicted of DUI faces up to one year in prison and is subject to pay a fine of up to $2,500. For a second conviction within five years of the previous violation, the offender must serve a mandatory minimum of 5 days in prison or 240 hours of community service.

Can you go to jail for a DUI in Illinois?

In Illinois, DUI is typically charged as a Class A misdemeanor, which carries a maximum penalty of up to one year in jail and/or a fine in the amount of $2,500.00 plus mandatory court assessments. ... Jail time can only be imposed if you are convicted of the DUI offense.

What happens if you get 4 DUIS in Illinois?

A fourth offense conviction is an aggravated DUI offense, which is a Class 2 felony and the penalties for a fourth offense DUI conviction are as follows: Jail time: A person convicted of a fourth offense might face up to 3 to 7 years in jail. ... 16% or greater you could face a mandatory minimum jail sentence of 90 days.

How many DUIS are in Illinois?

DUI Statistics in Illinois

Police arrested 27,046 people for DUI in 2017. 75% of people arrested for DUI are male. 57% of DUI offenders are under the age of 35, with an average age of 34. Between 11 pm and 4 am are when the most DUI arrests made.

What countries have zero tolerance drink driving?

Drink driving is always a sensitive subject and different countries have different views on it. Some show zero tolerance, like Pakistan, Cuba, Indonesia, Romania, Jordan and Nigeria.

What is the alcohol limit in USA?

The federal limit to legally drive in the United States is a blood alcohol content (BAC) of 0.08%. But drunk driving penalties are a lot like real estate values — it all comes down to location, location, location.

What is the limit for drunk driving Sweden?

In Sweden, driving a motor vehicle while under the influence of alcohol, i.e. with a blood alcohol content of minimum 0.02 per cent or more, or a breath alcohol content of 0.10 milligrams per litre or more, is regarded as crime, regardless of whether the driver is involved in an accident or not.