Aggravated Driving Under the Influence (DUI)

Class 4 felony:

Driving Under the Influence (DUI) with active suspension or revoked license - 625 ILCS 5/11-501(D)(1)(g)

If you are arrested for driving under the influence while your license is currently suspended or revoked for a previous DUI conviction, then you may be charged with a class 4 felony, even if this is only your second charged DUI.
The prosecutors will use your driving record to show that you were previously convicted, resulting in an active suspension or revocation to your license during your current DUI arrest.
To combat this offense, our firm may challenge the validity of the license suspension notice. With mitigating circumstances we may seek a reduction to a misdemeanor DUI or non-felony offense.

Driving Under the Influence (DUI) causing serious injury - 625 ILCS 5/11-501(D)(1)(c)

You are charged with a felony DUI offense if you were behind the wheel of a car and someone was seriously injured or suffered great bodily harm, permanent disability or disfigurement, as a result of the car accident.
The prosecution will introduce the medical records and testimony of the victim in order to show that they suffered the injury as result of an accident that occurred due to a driver under the influence.
We can scrutinize medical records to challenge whether the injury meets the definition of great bodily harm, which is a bodily injury that creates a substantial risk of death or causes extreme physical pain, or permanent disability/defigurement as defined by the statute.

Class 2 felony:

Third Driving Under the Influence (DUI) - 625 ILCS 5/11-501(D)(1)(a)

When you are arrested for your third DUI in Illinois, the charge automatically escalates to an aggravated DUI.
The prosecution’s primary goal is to introduce evidence of the two prior convictions to the court, qualifying this third DUI as a felony and triggering mandatory prison time.
While relying on the past record, prosecutors will also highlight the current evidence of intoxication by focusing on BAC, failed SFSTs, video evidence
We will meticulously examine both prior convictions for legal or procedural errors to confirm driving history is being accurately reflected. Even with a valid history, we simultaneously defend the current charge by scrutinizing the legality of the recent stop, the accuracy of the chemical tests, and the administration of the Standardized Field Sobriety Tests (SFST).

Driving Under the Influence (DUI) causing bodily harm to a child - 625 ILCS 5/11-501(D)(1)(j)

You are charged with this offense if you were driving under the influence and a person under the age of 16 sustained bodily harm as a result of the DUI incident.
Prosecutors pursue these cases with maximum effort due to the vulnerability of the victim. They need to establish the injury and age by introducing medical evidence and testimony to prove the child suffered bodily harm. Further, they may use the emotional nature of the incident to argue that the defendant’s conduct deliberately put the minor in danger, seeking the maximum allowable sentence to deter similar conduct for public policy reasons.
Our defense strategy involves challenging the notion that the DUI was the direct cause of the child’s injury. While the threshold for bodily harm is low, we will review medical evidence to ensure the injury meets the legal standard required to sustain felony charges.

Fourth Driving Under the Influence (DUI) - 625 ILCS 5/11-501(D)(2)(c)

When you are arrested for your fourth DUI in Illinois, the charge is automatically classified as a Class 2 Felony offense. This is a highly serious, non-probationable offense, carrying mandatory extended prison time.
Prosecutors treat a fourth DUI as a critical, high-priority case, aggressively seeking maximum felony sentencing. Similar to a third DUI, the prosecution’s primary goal is to formally introduce conclusive evidence of three prior DUI convictions, thereby establishing the case as a class 2 felony. While relying on the past record, prosecutors will also highlight the current evidence of intoxication by focusing on high Blood Alcohol Content (BAC), failed Standardized Field Sobriety Tests (SFST), and video evidence to portray the defendant as a habitual, dangerous offender.
We will examine all three prior convictions for legal or procedural errors to confirm driving history is being accurately reflected as well as dive into the specific facts of the case for misconduct.

Driving Under the Influence (DUI) resulting in death - 625 ILCS 5/11-501(D)(1)(f)

A DUI that causes the death of another person is one of the most severe charges in the Illinois Criminal Code, automatically classified as an Aggravated DUI.
The prosecution treats a DUI causing death as a major felony case, assigning specialized homicide vehicular crimes prosecutors who focus on providing intoxication and establishing proximate cause.
If one person died in the accident, the term of imprisonment will be not less than 3 years and not more than 14 years. If two or more people died, the term of imprisonment will be not less than 6 years and not more than 28 years.
The highest level felony requires the most aggressive defense. We will utilize forensic experts, accident reconstructionists, and toxicology specialists to challenge every element of the prosecutor’s case, striving to reduce the charge to a lower felony or a non-DUI offense.

Class 1 felony:

Fifth Driving Under the Influence (DUI) - 625 ILCS 5/11-501(D)(2)(d)

When your current arrest is your fifth DUI conviction in Illinois, the charge is automatically classified as a Class 1 Felony. This is a highly serious and non-probationable offense carrying a mandatory extended prison sentence.
Similar to third and fourth DUI cases, prosecutors will formally introduce evidence of your four prior convictions to the court.
We will examine all four prior convictions and ensure that your driving record has been correctly calculated for the purposes of the charge. We will also defend your current arrest by examining the legality of the traffic stop, the accuracy of the chemical tests, and the proper administration of the Standardized Field Sobriety Tests (SFST).

Class X felony:

Sixth or subsequent Driving Under the Influence (DUI) - 625 ILCS 5/11-501(D)(2)(e)

When your current arrest is your sixth or subsequent DUI conviction in Illinois, the charge is automatically escalated to a Class X Felony, the most serious classification in the state's criminal code. This offense is non-probationable and carries mandatory, severe state prison sentences.
Prosecutors approach a Class X Felony DUI with maximum resources, aiming to secure the lengthy mandatory prison sentence. They will formally introduce evidence of five or more prior DUI convictions to the court relying on official driving records. They will aggressively argue against any mitigating circumstances, insisting that your history demonstrates a complete disregard for the law and public safety, justifying the maximum sentence.
We will meticulously examine all prior convictions for legal or procedural errors to confirm driving history is being accurately reflected. Simultaneously, we mount a comprehensive defense against the current arrest by scrutinizing the legality of the traffic stop, challenging the accuracy of the chemical tests, and disputing the proper administration of the Standardized Field Sobriety Tests (SFST).