DUIs are taken very seriously under Illinois law. In fact, it is uncommon for a prosecutor to even consider reducing a felony DUI to a misdemeanor. While most DUI charges are misdemeanors, there are aggravating factors that can cause them to be charged as a felony. Depending on the number of aggravating factors and the degree of severity, felony DUI may even require mandatory jail time, fines, and other heavy penalties. If a minor is charged with DUI, they may also face a slew of other charges for driving under the influence and being underage. If you are in a situation in which your child is facing alcohol-related charges, the best thing that you can do is consult with an experienced criminal defense attorney as soon as possible. To get a better understanding of how these charges may play out in court, let’s look at our model family.
The Model Family and Aggravated DUI Charges
If you recall, our model family has been running into some trouble lately. While the parents struggle with infidelity and possible divorce, they have been spending more time away from the house. In response, their all-star athlete son has run off of the rails a bit. He has been taking advantage of the lack of supervision to throw wild parties with drugs and alcohol.
Recently, he tried to impress a young female guest at one of these parties by taking her on a drunken joy ride in his father’s sports car. At one point, he was traveling over 100 miles per hour when he hit another driver. The other driver was forced into a ditch and killed. The son and female passenger were uninjured (amazingly).
Now their son must face the music. Because he is in high school and still underage, it is illegal for him to drive with any degree of alcohol in his system. However, because DUIs are adult offenses, they will not be heard or tried in juvenile court. Rather, he will be tried in criminal court, and held to the same standard as an adult defendant. This is concerning in his case because the charges and consequences that he will face are severe. Because the son committed DUI and caused a death as a result, he will be charged with a felony. The special sentencing for this felony crime requires a sentence of 3 to 14 years in prison for the death of one person and 6 to 28 years for the death of 2 people. Incarceration is a mandatory sentence by the Court in this situation except in extraordinary circumstances, so the Judge must sentence the defendant to prison. For this reason, it is critical to fight the charges and try to avoid a conviction.
Contact Glasgow & Olsson Criminal Trial Lawyers
If you or your child is facing felony DUI charges in Illinois, it is critical to be proactive and fight the charges to the best of your ability. Generally, your best shot at successfully overcoming the charges against you is to retain experienced and dedicated counsel. Contact Glasgow & Olsson Criminal Trial Attorneys today to schedule a consultation and find out how we can help you get your or your child’s life back on track.