Chicago, IL Aggravated DUI Attorney

Trusted Lawyer Defending Against Felony DUI Charges in Chicago, Illinois

In Illinois, a DUI arrest is always a serious matter. Misdemeanor charges will typically apply for a first-time DUI or a second DUI arrest, and a conviction could lead to a jail sentence of up to one year, as well as thousands of dollars in fines and court costs and the loss of a driver's license. However, certain circumstances can elevate a DUI from a misdemeanor to a felony offense. These charges, known as aggravated DUI, carry harsher penalties, including lengthy prison sentences, steep fines, and a permanent felony record.

If you are facing aggravated DUI charges in Chicago, it is critical to act quickly and secure skilled legal representation. At Miranda Law Office, LTD, we work to help our clients defend against felony DUI convictions. With over 20 years of criminal law experience in DUI cases and other matters, Attorney Miguel Miranda can develop defense strategies to help clients minimize the penalties that will affect them. We are committed to protecting your rights and helping you fight for the best possible outcome to your DUI case.

When Does DUI Become a Felony in Illinois?

Under 625 ILCS 5/11-501(d), a DUI may be classified as a felony when certain aggravating factors are present. These factors include:

• Third or Subsequent DUI Offense: A third or fourth DUI charge is classified as a Class 2 felony. A fifth DUI arrest will lead to Class 1 felony charges, and Class X felony charges will apply in any subsequent DUI cases.
• DUI While Driving With a Revoked or Suspended License: If your license was suspended or revoked due to a prior DUI offense, an arrest for DUI during the suspension or revocation period will be charged as a Class 4 felony.
• DUI Without Valid Insurance: If you did not have proof of liability insurance when you were arrested for DUI, this could result in Class 4 felony charges.
• DUI With a Child Passenger: A first offense of driving under the influence while transporting a child under 16 years old may be classified as a Class 2 felony if you were involved in a crash that caused the child to suffer an injury. If you had one or more previous DUI convictions, a second DUI while you were carrying a child passenger will be charged as a Class 2 felony, regardless of whether an accident or injury occurred.
• DUI Resulting in Bodily Harm:If you were involved in an accident in which someone was seriously injured or suffered a disability or disfigurement, you could face Class 4 felony charges.
• DUI Resulting in Death: If someone was killed in an accident that was caused by your drunk driving, you could be charged with a Class 2 felony.
• DUI in a School Zone: If you allegedly caused an accident that resulted in injuries while driving under the influence in a school zone, Class 4 felony charges may apply.

Defending Against Aggravated DUI Charges

When a DUI arrest results in felony charges, legal representation is crucial. These cases often involve complex factors, including accident reconstruction, chemical testing, witness testimony, and questions related to liability for someone's injuries. Attorney Miranda can help you build a defense strategy to address these issues. Our strategies may include:

• Disputing Chemical Test Results: Breathalyzer or blood tests are not always accurate. Our attorney can highlight procedural errors or equipment malfunctions that may have led to incorrect results, which may help demonstrate that you were not intoxicated.
• Challenging Aggravating Factors: Our lawyer may argue that there was no intent or knowledge of the aggravating circumstance. For example, if you were unaware that the vehicle you were driving did not have liability insurance, this may be a defense against felony DUI charges.
• Negotiating Reduced Charges or Alternative Sentencing: Our attorney can negotiate with prosecutors to reduce the charges against you from a felony to a misdemeanor or determine whether probation or treatment programs may be available to close your case without a conviction.

Speak With a Chicago, Illinois Aggravated DUI Defense Lawyer

When addressing felony charges following a DUI arrest, you will need to make sure you have a strong legal advocate in your corner. At Miranda Law Office, LTD, we will represent you aggressively, fighting to prevent a felony conviction. Get in touch with our Chicago felony DUI defense attorney and arrange a consultation by calling 773-588-3822. We provide legal services in either English or Spanish.