Driving under the influence (DUI) is not a uniform charge. Rather, there are many different factors that affect how a specific incident of alleged drunk driving is charged. These include the driver’s blood alcohol concentration (BAC) at the time of the arrest, his or her age, whether the driver has previous DUI charges on his or her record, and whether the drunk driving caused a victim to suffer an injury or death.

A “regular” first time DUI is charged as a Class A misdemeanor in Illinois. However, there are circumstances under which a first offense DUI may be charged as a felony. Specific factors that cause a DUI charge to be “upgraded” are known as aggravating factors. An upgraded DUI charge is known as an aggravated DUI.

When a DUI is a Class 2 Felony

DUI is charged as a Class 2 felony under the following circumstances:

Drunk driving is dangerous. That is why it is illegal. Like every other criminal offense, the penalties an individual faces for a DUI charge can change depending on the circumstances surrounding the incident. These are known as aggravating factors, and a DUI resulting in someone’s death is one of the most serious of these factors.

When an alleged act of drunk driving results in a victim’s death, the driver may be charged with a Class 2 felony. This can happen whether the driver has previous DUI charges on his or her record or not. A Class 2 felony is a far steeper charge than a driver would typically face for a first or second DUI offense. If you are facing a Class 2 felony DUI, here are a few of the penalties you are facing:

Years in Prison

You can face jail time for any DUI charge. For a Class 2 felony DUI, you are looking at a minimum of three years in prison if you are convicted. If your actions resulted in two or more deaths, you can face six to 28 years in prison.

Throughout the United States, it is illegal for individuals under age 21 to consume alcohol under most circumstances. When an individual under 21 is found to be in possession of alcohol, he or she can face an underage drinking charge. In Illinois, this charge is known as a minor in possession of alcohol charge. Minor in possession of alcohol charges are one of the types of cases our team of juvenile defense lawyers handles. The juvenile justice system is not the same as the adult criminal justice system, so it is important that you work with a lawyer who has experience in this specific legal area. 

Penalties for Underage Drinking 

In Illinois, underage drinking is a Class A misdemeanor. The penalties for an underage drinking conviction are:

When you are accused of driving with a blood alcohol concentration (BAC) above the legal limit of 0.08 percent — or 0.04 if you are driving a commercial vehicle as part of your job, or 0.00 percent if you are younger than 21 — you can be charged with driving under the influence of alcohol, or DUI.

DUI is a serious charge. A DUI conviction can result in steep fines, jail time, and a driver’s license suspension, among other penalties. Although you can fight a DUI charge just like you can fight any other criminal charge, it is much easier to avoid being charged in the first place than it is to fight a DUI. Understanding how your body metabolizes alcohol and how your BAC rises as you drink can help you avoid a DUI.

BAC Reduces by About .015 Percent Per Hour

Teenagers experiment with alcohol. Underage drinking is such a common occurrence in our society that it is often considered to be a right of passage. Although it happens often, it is dangerous and should not be encouraged.

Teenagers who consume alcohol face a higher risk of engaging in risky behaviors like promiscuous sex and driving under the influence than their sober peers. In Illinois and every other state in the country, it is illegal for individuals under the age of 21 to purchase, possess, and consume alcohol.

Possession of Alcohol and Related Charges