In order to preserve safe roadways for all drivers, the State of Illinois prohibits any person from driving under the influence (DUI) of alcohol or drugs. Contrary to popular belief, this applies even to being under the influence of legal or prescribed drugs. Any driver who violates these regulations can face criminal charges for DUI or aggravated DUI, depending on certain circumstances under the Illinois DUI statute.
What is the Definition of DUI in Illinois?
625 ILCS 5/11-501 outlines the Illinois laws against DUI. Under this section, it is unlawful to operate a vehicle while under the influence of alcohol, drugs, or a combination of both. In more specific terms, Section 5/11-501 prohibits any person from driving while they are under the influence of:
- Alcohol;
- Intoxicating compounds;
- Drugs;
- Controlled substances;
- Marijuana; or
- Any combination of these substances.
If a person loses their ability to drive safely as a result of consuming these substances, it qualifies as a DUI under Illinois law. Additionally, any driver who registers a blood-alcohol concentration (BAC) of 0.08 or more is also guilty of DUI.
What are the Illinois DUI Penalties?
In most circumstances, a first or second DUI offense is a Class A misdemeanor in Illinois. A conviction for this class of misdemeanor usually results in a maximum of 364 days in jail and $2,500 in fines, and a revocation of driving privileges. Section 5/11-501 does underline additional penalties for certain types of DUI. If a driver registers a BAC above 0.16, they must perform 100 hours of community service and pay at least $500 in fines.
First offenders are usually eligible for Court Supervision which avoids the revocation which comes with a conviction on a DUI.
What is the Definition of Aggravated DUI in Illinois?
The aggravated version of this offense applies for repeat offenders and other types of highly reckless or dangerous driving conduct. To illustrate this concept, the following situations are among those that can elevate a regular DUI to the level of an aggravated DUI. If you want a deeper look at these components, take a look at our other article focusing specifically on aggravated DUIs in Illinois.
Repeat Offenders
If a person commits three or more DUI offenses, they will face criminal charges for aggravated DUI. The same is true for any person who commits two DUI offenses while transporting a child under the age of 16.
Passenger Drivers
If a person commits DUI while driving a school bus or commercial vehicle carrying at least one passenger, it qualifies as an aggravated DUI offense.
Serious Injury or Death
If a person commits DUI and causes serious physical injury, permanent disability, disfigurement, or death, aggravated DUI charges are appropriate. This outcome also applies to any person who commits a second DUI after a previous conviction for reckless homicide.
Bodily Injury
If a person commits DUI in a school zone and causes bodily injury to another person, they will likely face aggravated DUI charges. The same is true for any DUI offense that results in bodily injury to a passenger under the age of 16.
Suspended, Revoked, or Invalid License
If a person commits DUI on a suspended or revoked driver’s license, they can face aggravated DUI charges. Aggravated DUI is also appropriate when a person commits DUI on an invalid driver’s license or permit.
What are the Penalties for Aggravated DUI in Illinois?
Section 5/11-501 also highlights the Illinois penalties for aggravated DUI. For the first or second violation, aggravated DUI is generally punishable as a Class 4 felony. For that level of felony, the Illinois penalties traditionally include one to three years in prison and up to $25,000 in fines.
On the other hand, the penalties for aggravated DUI increase sharply for repeat offenders. A third or fourth violation for aggravated DUI is generally punishable as a Class 2 felony. For that level of felony, the Illinois penalties traditionally include three to seven years in prison and up to $25,000 in fines. Although the third offense is eligible for probation, the fourth offense is not and will result in a mandatory prison sentence.
Upon a fifth violation of aggravated DUI, the corresponding charge increases to a Class 1 felony resulting in a prison sentence of 4 to 15 years. A sixth or subsequent violation is a class X felony that will result in a prison sentence of 6-30 years.
