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Kane County aggravated DUI lawyer

Here in the state of Illinois, law enforcement is always on the lookout for drunk drivers. According to the Illinois Secretary of State’s Office, police made 27,046 DUI arrests in 2017 alone. According to Illinois state law, there are a number of factors that can cause a DUI to be elevated from a misdemeanor to a felony. In these cases, the DUI becomes an aggravated DUI

What Constitutes an Aggravated DUI? 

In the vast majority of cases, a DUI is charged as a misdemeanor. When aggravating factors justify the DUI to be designated as a felony, the legal ramifications can be substantial. This includes mandatory jail time to the loss of driving privileges for as long as a decade.

Third or Subsequent DUI Conviction

One of the most common aggravating factors is a third DUI conviction. Here in the state of Illinois, this constitutes a Class 2 felony. If convicted, the offender could face up to seven years in prison. In the event of a third DUI, the court may decide you are no longer capable of driving with a standard driver’s license and suspend it for up to 10 years. At that point, you can obtain a Restricted Driving Permit (RDP). If you can adhere to the rules and regulations of an RDP, for five consecutive years, you may be able to apply for full license reinstatement. 

DUI with Bodily Harm

If you are arrested for DUI charges after a collision that caused a person to become physically disabled or disfigured, you are likely to face a Class 4 felony charge. In these instances, the judge may decide to institute prison time as punishment, which may include a minimum sentence of one year. If a person is fatally injured, you could face a Class 2 felony, with a minimum three-year sentence and subsequent two-year license revocation.

Other Aggravating Factors

These include being charged with a DUI while transporting a minor, and driving under the influence of alcohol with a revoked or suspended license. Other possible aggravating factors include driving an uninsured vehicle, driving drunk in a school zone during school hours or while driving a vehicle-for-hire. 

Contact an Elgin, IL DUI Defense Lawyer 

After being arrested on DUI charges, it is important to act quickly. A conviction can ultimately result in heavy fines and potential jail time. Fortunately, a qualified defense lawyer can provide a defense strategy to secure the best possible outcome for you and your family. Attorney Brian J. Mirandola will examine your case and assist you throughout the legal process. To schedule a free consultation with a knowledgeable Kane County criminal defense attorney, contact us today at 847-488-0889. 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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Posted on in DUI

Aurora, IL DUI lawyer

Here in the state of Illinois, law enforcement is constantly on the lookout for drunk drivers. According to the Illinois Secretary of State’s office, more than 27,000 people were arrested on DUI charges in 2017 alone. A DUI conviction can come with serious legal ramifications and should not be taken lightly. 

Once you have been pulled over by a police officer, it is important to understand how your actions can impact your case. In the event of an arrest, contact an experienced DUI lawyer as soon as possible. 

Illinois DUI Stops

If you are driving, and you see a law enforcement officer turn their lights on behind you, it is important to follow basic safety procedures. Do not stop in the middle of the road, simply slow your vehicle and find a safe place to pull over. Do not pull over on a bridge, next to a guardrail, or on a sharp curve. Once you have come to a complete stop in a safe location, it is important to remain calm. 

As the officer approaches your vehicle, keep both hands on the steering wheel and remain seated. If the officer requests your license and registration, comply as requested. If the officer has reason to suspect you are driving while under the influence of alcohol or drugs, they will likely request a field sobriety test. 

In the state of Illinois, implied consent laws state you will agree to blood-alcohol content (BAC) testing. Despite the implied consent, it is not a crime to refuse chemical testing. That said, if you decline, you will face an automatic 12-month license suspension. 

If you submit to testing and the officer deems you are driving under the influence, you will be taken to the police station and charged with a DUI. 

License Suspension and Revocation

Once you have been charged, it is important to seek skilled legal guidance. A first-time DUI conviction constitutes a Class A misdemeanor, which can result in up to one year in jail and fines of $2,500. A first-time DUI offender also receives a 12-month driver’s license suspension. Subsequent DUI convictions come with harsher punishments. A second DUI conviction results in a five-year suspension. If you are convicted of a third DUI, you may face a license revocation period of 10 years, while a fourth conviction constitutes a lifetime revocation of driving privileges. 

Contact an Elgin, IL DUI Lawyer

With years of experience serving the state of Illinois, Attorney Brian J. Mirandola is prepared to aggressively represent you to keep a DUI conviction off your record and preserve your ability to drive as needed. Do not wait any longer. It is critical to work with a skilled legal team immediately. To schedule a free consultation with a knowledgeable Kane County criminal defense attorney, call us today at 847-488-0889. 

Sources

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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