Whether you were charged with a DUI or an aggravated DUI, you need a criminal defense attorney by your side from the start. You may face significant consequences if you’re convicted of either of these offenses. You can trust an experienced criminal defense lawyer to help you navigate the Illinois criminal justice system while working hard to develop a robust defense on your behalf.

How Does a DUI Differ From an Aggravated DUI?

Driving under the influence (“DUI”) means driving (or being in physical control of a vehicle) while you are intoxicated, whether from alcohol or another substance, or if you have a blood alcohol concentration (“BAC”) of 0.08% or higher. Under Illinois law, a standard driving under the influence (DUI) charge is a misdemeanor. An aggravated DUI is a felony, meaning harsher penalties such as longer prison sentences, increased fines, and potentially permanent revocation of your driver’s license.

You may be charged with an aggravated DUI if the offense arises from specific circumstances, such as driving with a suspended license, causing severe injuries to a minor in an accident, or if it is your third or subsequent DUI.

How Do the Penalties for a DUI Compare to Aggravated DUI Consequences?

Because a standard DUI is a misdemeanor offense, the consequences are not as severe as those for an aggravated DUI felony charge. However, you can still expect a court to sentence you to jail time, assess a fine, and suspend your license.

As noted above, specific factors elevate a standard DUI to an aggravated DUI, including the following:

  • A third or subsequent DUI conviction
  • Operating a school bus while intoxicated
  • Causing an accident resulting in the injury or death of another
  • Driving under the influence when your license has been suspended or revoked

 

Under such circumstances, the penalties are more severe, including jail time and lengthy prison sentences, significant fines, a longer driver’s license suspension, or even permanent license revocation. Further, the felony could remain on your permanent criminal record, affecting potential employment and housing opportunities.

What Defenses Are Available for a DUI or Aggravated DUI?

Whether you have been charged with a DUI or aggravated DUI, generally the same defenses apply, including the following:

  • An illegal search and seizure without probable cause or a warrant
  • An arrest without probable cause
  • Inaccurate blood test or flawed field sobriety test

 

For an aggravated DUI charge, the prosecution must prove the additional elements that escalated the charge to a felony. Your attorney will vigorously challenge any such evidence presented against you. They will argue that the prosecutor has failed to prove the element beyond a reasonable doubt, reducing the penalties you may face for an aggravated DUI.

How Can a Criminal Defense Attorney Help Me?

If you are charged with a DUI or aggravated DUI, you need a skilled criminal defense attorney on your side from the start. An attorney can help you fight the charges and avoid a conviction and the associated penalties and consequences. You can trust that your attorney has the legal experience to know how prosecutors construct DUI cases, including the evidence they generally use, and how to defend against such charges. At The Law Office of Vogel & Mourelatos, LLC, we are passionate about seeking the best result in your case.

Contact Our Office Today

The criminal defense attorneys at The Law Office of Vogel & Mourelatos, LLC, are committed to helping those facing criminal charges. We understand how scary it can be to be charged, and we want to help guide you through the process as we work hard to seek your best outcome. Contact us today to speak to a lawyer in a confidential consultation. We are pleased to offer evening and weekend hours by appointment.