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Aggravated DUI

Aggravated DUI Defense in Central Illinois

Facing a Felony DUI? Put Over 100 Years of Combined Experience to Work

In Illinois, a statutory aggravating circumstance can elevate a DUI charge to a felony under 625 ILCS 5/11-501(d). An effective defense must address two distinct issues: whether the prosecution can prove the underlying DUI and whether it can establish the alleged aggravating circumstance beyond a reasonable doubt.

We represent clients throughout Central Illinois, including Bloomington, Peoria, Champaign, Decatur, and Springfield. From the initial consultation through hearings or trial, we examine the charge, explain the decisions ahead, and develop a strategy based on the evidence. While the case is pending, avoid discussing the allegations publicly or on social media.

Call (309) 565-8825 to discuss an aggravated DUI charge with our criminal defense team.

What Makes a DUI Aggravated in Illinois?

The statutory subsection cited in the charging documents can determine the felony classification, what the prosecution must prove, the potential sentence, and the consequences for driving privileges.

Illinois law identifies aggravating circumstances that include:

  • Prior DUI convictions: A third or subsequent DUI can be prosecuted as a felony.
  • Great bodily harm: A DUI involving great bodily harm, permanent disability, or permanent disfigurement can support an aggravated charge.
  • Death: A DUI can be elevated when the alleged violation was a proximate cause of another person’s death. Proximate cause requires a legally sufficient connection between the alleged conduct and the harm.
  • Driving status: Specified cases involving a suspended or revoked license, no valid license, or an uninsured vehicle can qualify.
  • Child passengers: Certain allegations involving a passenger under age 16 can result in a felony charge.
  • Vehicle use: The statute covers specified cases involving occupied school buses and vehicles for hire.

This list isn’t exhaustive. The charging language, prior record, license status, passengers, alleged injuries, and other facts must be compared with the version of the statute that applies to the case.

A Large Defense Team With Individualized Attention

Johnson Law Group, LLC is one of the largest criminal defense firms serving Central Illinois. Our attorneys bring over 100 years of combined criminal defense experience, giving us the resources to examine serious felony allegations without losing sight of the person facing them.

We maintain close communication and build a customized defense around the evidence and each client’s circumstances. That includes explaining court developments, reviewing available options, and preparing for trial when necessary.

Contact Us for Your Consultation

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The Team You Call When You Want to Win

Why Choose JLG?
  • Over 100 Years of Combined Experience in Criminal Law
  • Five Convenient Office Locations Throughout Central Illinois
  • Highly Recognized & Award-Winning Attorneys
  • Passionate Representation In & Out of the Courtroom
  • Customized & Results-Driven Strategies
  • Genuine Care for Our Clients' Legal Rights & Futures

How We Review the Evidence Behind the Charge

Our review begins with how the investigation developed and whether the evidence supports every element of the charge. Depending on the allegations, we may examine the initial police contact, chemical testing, the aggravating circumstance, and any administrative action involving the client’s driving privileges.

Relevant evidence and legal issues may include:

  • The stop or encounter: The stated reason for the traffic stop, the officer’s observations, probable cause, police reports, body-camera recordings, and statements attributed to the accused.
  • Field sobriety testing: The instructions, testing conditions, administration of each exercise, and the officer’s interpretation of the results.
  • Chemical testing: Breath or blood testing procedures, equipment records, sample handling, chain of custody, and compliance with applicable requirements.
  • Driving evidence: Proof of who operated or had actual physical control of the vehicle.
  • Prior convictions: The driving record, qualifying prior offenses, and the legal validity of convictions used to elevate the charge.
  • Injury or death evidence: Witness accounts, medical records, crash evidence, and whether the alleged DUI was a proximate cause of the harm.

Potential defenses depend on the record. The case may involve an unlawful stop, evidence subject to suppression, unreliable testing, disputed driving evidence, a contested prior conviction, or insufficient proof of an aggravating element. We pursue the arguments supported by the facts rather than applying the same strategy to every case.

Criminal Penalties & Separate License Consequences

An aggravated charge can create both criminal exposure and a separate driving-privilege problem. These proceedings follow different rules, so progress in one doesn’t necessarily resolve the other.

Criminal Sentencing Exposure

Illinois law assigns different felony classifications based on the aggravating circumstance and the person’s record. Specified offenses receive Class 4 felony treatment, while repeat offenses and cases involving injury or death can carry more serious classifications. Criminal penalties may include imprisonment, fines, and mandatory jail or community service conditions. Determining the applicable sentencing range requires a review of the precise charge, alleged harm, prior convictions, and statutory subsection.

Statutory Summary Suspension or Revocation

A statutory summary suspension or revocation is an administrative action involving driving privileges, separate from the criminal prosecution. Depending on the notice and current Illinois law, it can take effect on the 46th day after notice. A petition for a judicial hearing generally must be filed within 90 days, but the relevant dates and available grounds should be reviewed promptly.

Administrative action, criminal penalties, and later license-reinstatement questions each have their own requirements. Eligibility for restricted driving relief or reinstatement depends on the person’s record, the action imposed, and current law.

Get a Case-Specific Review Before Making Decisions

We offer free initial consultations for criminal defense cases. If available, bring charging papers, bond or release documents, police paperwork, court dates, driving-privilege notices, and information about prior DUI convictions. These records can help us identify the issues requiring immediate attention.

Our team can explain the allegation, the separate criminal and licensing processes, and the defense options supported by the evidence. We provide individualized attention from the initial consultation through hearings or trial.

Call (309) 565-8825 to request a free consultation with Johnson Law Group, LLC.

See Our Track Record of Success

  • All Charges Dismissed A. vs A.L.
  • Aggravated DUI
  • Probation Another Probation Sentence After a Felony DUI Arrest for Someone on Probation for Two Felonies Already
  • Class X Drug Case with No Jail!
  • Conditional Discharge with No Jail Conditional Discharge with No Jail After Pointing Gun at Children
    In The News Our attorneys are frequently featured in the news throughout Central Illinois.