A man from Joliet is facing nine criminal charges, including aggravated drunk driving charges, according to local law enforcement. The drunk driver struck and killed a pedestrian at the intersection of Park Drive and West Park Front this summer. A Will County grand jury recently indicted the defendant. He is facing one count of leaving the scene of a fatal accident and eight counts of aggravated driving under the influence.
With the holidays approaching, it is easy to drink to excess and then get into a motor vehicle. DUI accidents are usually higher around the holidays. If you are facing an aggravated DUI charge in Illinois, it is essential that you hire experienced DUI defense attorneys. At Glasgow & Olsson, our attorneys are skilled at defending Cook County clients against aggravated DUI charges. Contact our law firm today to schedule your free case evaluation.
Aggravated Driving Charges in Illinois
Any felony driving under the influence (DUI) offense is considered an “aggravated” DUI. Defendants convicted of an aggravated DUI may be subject to a maximum fine of $250,000 as well as other penalties. Under Illinois criminal law, a felony DUI conviction includes any of the following scenarios:
- Third or Subsequent DUI Convictions;
- DUI Resulting in great bodily harm, disfigurement, or permanent disability to another; person. A conviction of this type of DUI is a special class 4 felony. Defendants may face prison sentences of at least one year but can get as much as 12 years in prison;
- Committing a DUI when the defendant has a prior conviction for alcohol-related reckless homicide or a DUI that resulted in great bodily harm or death of another person;
- DUI resulting in the death of another person. The presumption in this type of case is that the Court shall sentence the defendant to prison. Depending on the circumstances, the accused can be sentenced up to 28 years in the Illinois State Penitentiary. This sort of sentence is NOT subject to day for day good time and the accused must serve at least 85% of the sentence;
- DUI resulting in bodily harm to a motor vehicle passenger who was under the age of 16 at the time of the accident;
- A second DUI committed while transporting a person under 16 years of age;
- Committing a DUI while driving a school bus with at least one passenger on the bus;
- Committing a DUI in a school zone with a speed limit of 20 miles per hour when the accident causes bodily harm to another person;
- Committing a DUI when the defendant’s license has been revoked or suspended for a prior DUI, reckless homicide offense, statutory summary suspension, or leaving the scene of an accident that involved personal injury or death;
- Committing a DUI while the defendant transported at least one passenger in a vehicle-for-hire;
- Committing a DUI while not in possession of a valid driver’s permit or license.
Fighting an Aggravated DUI Charge in Illinois
The prosecution has the burden to prove that all elements of an aggravated DUI have been met. If you are facing an aggravated DUI charge, you may be able to make any of the following defenses:
- Lack of probable cause for the DUI arrest made by law enforcement
- Poorly administered or inaccurate blood, breath, or field sobriety tests
- Fourth Amendment violations
If you have been charged with an aggravated DUI in Illinois, we can help. The defense attorneys at Glasgow & Olsson are nationally recognized experts on Illinois DUI and are the only published Aggravated DUI attorneys in Illinois. Contact our Schaumburg DUI defense attorneys to begin preparing your defense.
(image courtesy of Steve Halama)