If you have been arrested and charged with a DUI, you need an experienced legal team of Chicago DUI defense attorneys on your side. The legal counsel from Sexner & Associates LLC can help fight your charges and possibly get your sentence reduced. Over the course of three decades, we've represented over 25,000 highly satisfied clients.
We believe that our results speak for themselves. We recognize that every situation is unique. That is why our criminal defense team gets to know the details of your case, so that we can build a strategic defense that is tailored to your situation.
We also recognize that a criminal charge can have a significant impact on your reputation and even on your job. It is our goal to offer you the best possible legal representation and to defend your rights. Don't wait. You need an experienced Chicago criminal defense DUI attorney from Mitchell S. Sexner & Associates LLC to represent you.
You should not handle a DUI charge on your own. A DUI charge is a jailable offense. Just as you would not ask your car mechanic to take out your appendix, you would also not want someone with no legal experience to represent you in court. You need an experienced lawyer to help you with this serious legal matter.
If you are arrested and charged with a DUI, your best option is to contact the Chicago DUI attorneys of Mitchell S. Sexner & Associates LLC today at (312) 644-0444 for a free, confidential case evaluation. We will listen to the details of your case and answer any questions you might have.
What is an Aggravated DUI?
Illinois law places a limit on the amount of alcohol an individual may consume before getting behind the wheel and operating a motor vehicle. The law also covers operating a motor vehicle while under the influence of any drug or intoxicant that alters your ability to control the vehicle. When your blood alcohol level is 0.08 percent or greater, there is a presumption that you are under the influence of alcohol and the chances of you being charged with a DUI are greatly enhanced. In Illinois, a blood alcohol level of less than 0.08 percent may still get you arrested if the law enforcement officer believes that your ability is impaired.
The amount of alcohol you can consume to reach these blood alcohol levels is different for each person since blood alcohol level is related to a number of factors, including the size and body fat composition of the person. Data shows that nearly every driver is impaired to some degree if they have a blood alcohol level of at least 0.05 percent.
If you are pulled over, and your blood alcohol level is 0.08 percent or greater, the law enforcement officer may serve you with a Statutory Summary Suspension notice that will then suspend your license, although this document will also contain a “receipt to drive” that will still allow you to continue driving for the next 45 days before your suspension begins.
A DUI in Illinois is generally a Class A misdemeanor for which you could receive up to a maximum sentence of one year jail time and other penalties including fines. However, under certain circumstances, a DUI can also be upgraded to an aggravated DUI with a potential prison sentence.
What Factors Make a DUI an Aggravated DUI?
Under Illinois law, there are a variety of factors that can raise the level of DUI to an aggravated DUI. These factors include:
Prior DUI violations
If you have had two or more DUIs in the past, all subsequent DUIs may be classified as a Class 2 felony with a sentence of up to seven years.
No valid driver's license
No valid driver's licenseIf the individual does not have a valid driver's license or permit, or is driving under a restricted driving permit, the violation may become an aggravated DUI with a maximum sentence of three years.
No valid driver's insurance
If the prosecution can prove that the vehicle was uninsured and the driver should have known that it was uninsured, it may become an aggravated DUI with a maximum sentence of three years.
Driving with a suspended or revoked license
If the driver's license is suspended or revoked for a past DUI, leaving the scene of an accident involving a death, personal injury, driving under a prior suspension, or reckless homicide, the charge may become an aggravated DUI with a maximum three-year sentence.
Driving in a school zone
If an intoxicated person drives in a school zone during school hours, they can be charged with aggravated DUI if an individual suffers bodily harm. The sentence can be up to three years.
Great bodily harm
If a DUI accident results in permanent disability or disfigurement, regardless of whether the intoxicated driver is at fault, it becomes an aggravated DUI with a sentence of up to 12 years.
Bodily harm to a minor under age 16 or any fatality
A DUI becomes an aggravated DUI if a person under the age of 16 is injured or an intoxicated driver is at least partially at fault for a fatality. The sentence is up to seven years for injury to a minor and up to 12 years for one fatality, and 28 years for multiple fatalities.
Driving a school bus with one passenger under the age of 18
If a school bus driver is intoxicated and has at least one passenger under the age of 18, they can receive a sentence of up to three years.
A second DUI transporting minors under the age of 16 or after a previous conviction for an alcohol-related homicide
In either of these cases, the DUI may become an aggravated DUI with a sentence of up to seven years for transporting a minor and up to three years for driving under the influence after an alcohol-related homicide.
Contact Our Chicago DUI Defense Attorneys
In Illinois, an individual who is charged and later found guilty or pleads guilty to a DUI will have administrative and criminal consequences. The first and second DUIs are typically considered misdemeanor offenses unless there are aggravating factors associated.
Of course, the best way to avoid a DUI conviction is not to drink and drive. However, you may have underestimated how much you drank and find yourself in police custody. When you're arrested, you have the right to remain silent, and you have the right to have an attorney present when being questioned.
It is crucial that you take full advantage of your rights and remain silent until you’re able to contact an attorney from Mitchell S. Sexner & Associates LLC. Call our office immediately at (312) 644-0444 for your free consultation and case evaluation.