Essentially, Aggravated DUI requires proving a good old fashioned DUI … Illinois's DUI law lists a number of circumstances that make a DUI an aggravated offense and a felony. And if you get arrested in states that actually have aggravated DUI in their laws, you will be thankful if all you will have to defend in court is a simple DUI case. A Class 2 felony has a sentence of 3-7 years in the Illinois Department of Corrections but is probationable. The first type is an aggravated DUI for having either a canceled, revoked or suspended drivers license. Class 4 Felony Aggravated DUI. A third DUI offense in Illinois results in a Class 2 felony aggravated DUI charge. It is essentially a normal DUI charge (see our article on DUI’s) with additional facts which increase the possible penalty from a misdemeanor DUI to a felony DUI charge. Having a BAC of .15 or higher will not elevate a misdemeanor DUI charge to a felony; however, it will incur additional penalties on top of the standard DUI punishments. The maximum possible penalty that may be imposed for a Class 4 Felony Aggravated DUI is up to 3.75 years in prison, fines of up to $150,000 plus surcharges, and up to ten (10) years of supervised probation. A DUI may be a felony in the following circumstances: Aggravated DUI Arizona Revised Statutes (ARS) 28-1383 describes aggravating factors that can result in felony DUI charges. First of all, an Aggravated DUI is a felony offense and you should seek legal representation right away. In Oklahoma, a DUI charge may be filed as “aggravated” if your blood alcohol content was shown to be .15% or higher at the time of arrest. Aggravated DUI charges can range anywhere from a Class 4 felony to a Class X felony, depending on the circumstances. Class 4 Felonies A Class 4 felony is the least serious classification of felony charges, though a conviction can still carry a sentence of one to three years in prison and up to $25,000 in fines. Aggravated DUI is sometimes called Felony DUI. Aggravated DUI, Class 4 Felony, A.R.S. Aggravated DUI charges are serious and can have harsher penalties than a basic DUI. In Arizona, an Aggravated DUI (ARS 28-1383) is a Felony DUI Charge and if you are found guilty will get you mandatory PRISON time. These circumstances include: Minor passengers. Though a second DUI is usually a misdemeanor, it is elevated to a class 2 felony if the driver had a passenger who was younger than 16 years old. Class 4 felony is punishable by a prison sentence between one and three years, along with a fine of up to $25,000. If you have been charged with an aggravated DUI for one of these reasons, then you are typically charged with a class 4 aggravated DUI felony. In New Mexico, a DUI or DWI is driving with a blood alcohol concentration (BAC) of 0.08 percent or more. Our attorneys include former prosecutors who now exclusively defend cases in criminal … If an individual receives a felony DUI or an Aggravated DUI felony conviction, he/she has a minimum probation of three to ten years and a minimum of four months in prison during which the individual is not allowed out for work or school during those four months. There are three different types of aggravated DUIs. An aggravated DUI arrest will send you into in a much deeper hole than a regular DUI because it’s a felony in most states. Driving a school bus with passengers under 18 years of age on board. §28-1383 (A)(1) and (A)(2) A Class 4 Felony Aggravated DUI offense does carry a “mandatory minimum" sentence if you are found guilty. While most people are aware of this, many do not realize there is a secondary offense known as the aggravated DUI or DWI. While most DUI cases are misdemeanors in Illinois, aggravated DUI are considered a felony offense. The offenses which result in a felony charge range from Class 4 to Class 2 felonies. An Aggravated DUI is a criminal charge that is different than a standard DUI in that all the elements of a DUI must be proven, but additional elements must also be proven by the prosecutor.
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