Please fill out the form below and we will be in touch soon
*Indicates Required Fields
Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Aggravated DUI
Facing Aggravated DUI Charges in Illinois? Andrew M. Weisberg Can Defend Your Rights
Driving under the influence (DUI) is a serious offense in Illinois, but when certain aggravating factors are present, the charge can be elevated to an aggravated DUI. This is a more severe form of DUI that carries harsher penalties, including longer prison sentences, higher fines, and more significant impacts on your personal and professional life. If you are facing aggravated DUI charges in Illinois, it is crucial to have an experienced defense attorney like Andrew M. Weisberg to protect your rights and fight for the best possible outcome.
Understanding Aggravated DUI Under Illinois Law
Under Illinois law, specifically 625 ILCS 5/11-501, aggravated DUI refers to driving under the influence of alcohol, drugs, or other intoxicating substances when certain aggravating factors are present. These factors elevate a standard DUI charge to a felony, making the consequences far more severe.
Common Aggravating Factors Leading to an Aggravated DUI Charge
Several circumstances can lead to a DUI being classified as aggravated in Illinois. These include:
1. DUI While Driving Without a Valid License or Insurance
Statute:625 ILCS 5/11-501(d)(1)(H)
Circumstances: Driving under the influence while your driver’s license is suspended, revoked, or expired, or if you do not have valid insurance.
Penalties: Class 4 felony, punishable by 1 to 3 years in prison and fines up to $25,000.
2. DUI Resulting in Bodily Harm or Death
Statute:625 ILCS 5/11-501(d)(1)(C)
Circumstances: Causing a motor vehicle accident while driving under the influence that results in great bodily harm, permanent disability, disfigurement, or death.
Penalties: This can range from a Class 2 felony for great bodily harm (with 3 to 7 years in prison) to a Class 2 felony with up to 14 years in prison if multiple victims are involved. In cases of death, it can be a Class 2 felony with up to 28 years in prison.
3. Prior DUI Convictions
Statute:625 ILCS 5/11-501(d)(1)(A)
Circumstances: Having two or more prior DUI convictions at the time of the current offense.
Penalties: Multiple DUI offenses can lead to a Class 2 felony, with 3 to 7 years in prison and fines up to $25,000.
4. DUI With a Child Passenger
Statute:625 ILCS 5/11-501(d)(1)(J)
Circumstances: Driving under the influence with a child under the age of 16 in the vehicle.
Penalties: Class 4 felony, punishable by 1 to 3 years in prison and fines up to $25,000.
5. DUI in a School Zone or Near a Bus
Statute:625 ILCS 5/11-501(d)(1)(E)
Circumstances: Driving under the influence in a school zone or when passing a school bus that is loading or unloading children.
Penalties: Class 4 felony, with 1 to 3 years in prison and fines up to $25,000.
6. DUI While Causing Damage to Property
Statute:625 ILCS 5/11-501(d)(1)(G)
Circumstances: Causing significant property damage while driving under the influence.
Penalties: This can be charged as a Class 4 felony, with 1 to 3 years in prison and fines up to $25,000.
Consequences of an Aggravated DUI Conviction
A conviction for aggravated DUI can have severe and lasting consequences:
Criminal Record: Aggravated DUI is a felony, which means a conviction will result in a permanent criminal record that can impact your ability to secure employment, housing, and other opportunities.
License Revocation: A conviction for aggravated DUI typically results in the mandatory revocation of your driver’s license for a minimum period, which can range from 1 year to life, depending on the circumstances.
Increased Insurance Premiums: Following an aggravated DUI conviction, your car insurance premiums are likely to skyrocket, and you may be required to carry SR-22 insurance, which is significantly more expensive.
Mandatory Alcohol/Drug Treatment: You may be required to undergo mandatory alcohol or drug treatment programs, attend DUI school, or participate in community service.
Civil Liability: In addition to criminal penalties, you may face civil liability for any damages resulting from the DUI-related accident, which could lead to significant financial hardship.
Defending Against Aggravated DUI Charges
Successfully defending against aggravated DUI charges requires a strategic and comprehensive approach. Andrew M. Weisberg will thoroughly investigate the circumstances of your case, scrutinizing the evidence and questioning the validity of the prosecution’s claims. Some potential defense strategies may include:
Challenging the Traffic Stop: If the traffic stop that led to your DUI arrest was unlawful or conducted without probable cause, the evidence obtained may be inadmissible in court.
Questioning the Accuracy of Testing: Breathalyzer and blood tests are not infallible. Andrew may challenge the accuracy of the test results, particularly if the equipment was not properly calibrated or if the testing procedure was not correctly followed.
Lack of Aggravating Factors: If the prosecution cannot prove the presence of aggravating factors beyond a reasonable doubt, the charge could be reduced to a standard DUI.
Plea Negotiation: In some cases, negotiating a plea deal for a lesser charge may be the best course of action to minimize the penalties.
Why Choose Andrew M. Weisberg as Your Defense Attorney?
Andrew M. Weisberg is a seasoned criminal defense attorney with extensive experience handling DUI cases, including aggravated DUI. His background as a former Cook County prosecutor gives him unique insights into how these cases are built and prosecuted, allowing him to anticipate the prosecution’s strategies and develop a robust defense on your behalf.
When you choose Andrew as your defense attorney, you benefit from:
Comprehensive Legal Knowledge: Andrew’s deep understanding of Illinois DUI laws ensures that your case will be handled with the utmost competence and care.
Aggressive Defense Strategies: Andrew is known for his relentless and proactive defense tactics, exploring every possible angle to protect your rights.
Personalized Attention: Andrew provides each client with individualized attention, ensuring that your specific circumstances and needs are fully addressed.
The Importance of Early Legal Intervention
If you have been charged with aggravated DUI, it is crucial to seek legal representation as soon as possible. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. Andrew M. Weisberg will take immediate action to protect your rights, gather evidence, and develop a defense strategy tailored to your specific situation.
Andrew M. Weisberg: Committed to Your Defense
Facing charges of aggravated DUI can be overwhelming and stressful. Andrew M. Weisberg is committed to providing compassionate and effective legal representation throughout the entire process. He will keep you informed at every stage, answer all your questions, and fight tirelessly to protect your rights and future.
Contact the Law Offices of Andrew M. Weisberg Today
If you have been arrested or charged with aggravated DUI in Illinois, don’t delay in seeking legal representation. Andrew M. Weisberg is available 24/7 to discuss your case and provide the immediate assistance you need.
Contact Andrew today for a free, confidential consultation:
Phone: Call (773) 908-9811 anytime, day or night.
Online: Fill out the Case Review form on our website, and we will get back to you promptly.
Remember, the sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Let Andrew M. Weisberg put his expertise to work for you.
Domestic violence is a type of crime that involves gaining power and control over another person. It can occur in intimate relationships, such as marriages and dating relationships, as well as between family members, such as parents and children.
Domestic violence can take various forms. It may include the following acts:
Physical abuse. This includes hitting, slapping, punching, kicking, strangling, or any other form of physical harm.
Sexual abuse. This involves forcing or attempting to force sexual activity
Understanding Deferred Prosecution Programs in Illinois Criminal Court
Deferred prosecution programs are an important aspect of the criminal justice system in Illinois, offering an alternative to traditional prosecution and sentencing. These programs provide certain eligible defendants, particularly first-time or non-violent offenders, an opportunity to avoid a criminal conviction and its associated consequences. Instead of proceeding with a trial, the prosecution is deferred, allowing the defendant to complete specific requirements or conditions. Upon successful completion, the charges may be dismissed, leaving [...]
