In Illinois, any felony driving under the influence (DUI) offense is classified as an "aggravated" DUI. All aggravated DUI convictions are subject to a maximum $25,000 fine, but other penalties vary depending on the circumstances of the offense.
This article discusses the various situations constituting aggravated DUI in Illinois and the penalties associated with convictions.
Third and subsequent DUI convictions are aggravated DUI offenses. The range of sentences are:
However, the specific penalties you'll face for an aggravated DUI conviction depend on the circumstances.
A third or subsequent DUI committed by a defendant who had a passenger under the age of 16 in the vehicle is subject to a minimum of:
It's also possible for the driver to face child endangerment charges when minor passengers are present during a DUI offense.
A third DUI conviction results in a ten-year license suspension and a defendant must obtain a restrictive driving permit (RDP) for five continuous years as a prerequisite for full license reinstatement.
For fourth and subsequent DUI convictions, a lifetime license revocation is imposed. However, in some circumstances, a defendant can apply for an RDP after completing five years of the revocation.
A DUI resulting in great bodily harm, permanent disability, or disfigurement to another person is a class 4 felony. If a defendant is sentenced to imprisonment, it must be for at least one year but not more than 12 years.
It's a class 3 felony to commit a DUI when the defendant has a prior conviction for:
A conviction carries a sentence of two to five years in prison.
A DUI that involved a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident resulting in the death of another person is a class 2 felony. Unless the court determines that extraordinary circumstances exist that require probation, the defendant must be sentenced to prison for:
There's a two-year license revocation for an aggravated DUI conviction that resulted in the death of another person. The defendant can reapply for a license after two years from the effective date of the revocation or two years from the date of release from prison, whichever is later.
A DUI that involved a motor vehicle accident resulting in bodily harm to a passenger who was under the age of 16 years is a class 4 felony. A conviction carries:
In these circumstances, the driver could also face child endangerment charges.
A defendant who commits a second DUI while transporting a person under 16 years is guilty of a class 2 felony. A conviction carries:
The mandatory fine is $5,000 if a passenger under 16 years suffered bodily harm in a motor vehicle accident.
All other aggravated DUI convictions are class 4 felonies with a sentencing range of one to three years imprisonment. It's an aggravated DUI if the offense is committed:
Many of these circumstances can also lead to other criminal charges for the driver.
Some aggravated DUI offenders can be sentenced to a term of probation or conditional discharge. Generally, probation and conditional discharge sentences require a defendant to comply with certain conditions of supervision and there's no jail time imposed.
However, a defendant convicted of an aggravated DUI who is sentenced to a term of probation or conditional discharge must serve a minimum of ten days in jail or 480 hours of community service.