Driving under the influence, or DUI, occurs when an individual, after consuming alcohol or illegal substances, is rendered incapable of driving but still chooses to get behind the wheel. In simple terms, an Aggravated DUI is considered a more severe crime than a DUI. An Aggravated DUI is a felony offense, while a DUI is a misdemeanor offense.
A DUI charge requires that an individual's blood or breath alcohol concentration be above the legal limit (0.08), that an individual be under the influence of alcohol, drugs, or other substances, or that an individual's ability to drive is considered dangerous since they are under the influence.
On the other hand, an Aggravated DUI is a DUI plus specific conditions or circumstances. The following is the complete list of circumstances that satisfies the conditions or circumstances for an Aggravated DUI:
- An individual has been convicted of three (3) DUI charges
- An individual driving a school bus with one or more passengers on board while driving under the influence
- An individual's DUI involved a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries
- An individual, while driving under the influence at any speed in a school speed zone when a speed limit of 20 miles per hour was in effect, was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another
- An individual driving under the influence was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person
- An individual drives under the influence while their driving privileges are revoked or suspended because of a prior DUI
- An individual drove under the influence and did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit
- An individual drove under the influence while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy
- An individual driving under the influence was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person
- An individual, while driving under the influence, was transporting a person under the age of 16
- An individual, while driving under the influence, was transporting one or more passengers in a vehicle for-hire.
If you have been arrested for a DUI or an Aggravated DUI in Cook County, DuPage County or Lake County, you should contact an experienced DUI Defense Lawyer who can guide you through the process and who knows the law. The criminal defense team at John W Callahan limited is available to take your calls all day and night when you need to talk.
Posted by DUI Lawyer John W Callahan