There are several aggravators and those come from the Illinois DUI statute. Having a blood alcohol level above 0.16% will aggravate a DUI charge as the fines will be more expensive. It will also be harder for the DUI defendant to get a recommendation for supervision from the prosecutor. A BAC above 0.16% also triggers a mandatory minimum one hundred hours of community service work if they are a first time offender.
Other factors can aggravate a DUI charge in the sense that the person could be charged with a felony DUI (625 ILCS 5/11-501(d)(1)). The most common aggravating factor statutorily causing an upgrade to a felony offense is driving while under the influence while at the same time driving on a suspended or revoked driver’s license. Other felony upgrades include the following:
Certain drivers operating a motor vehicle in Illinois who actually have a Blood Alcohol Concentration (BAC) below the legal limit of 0.08% may also face additional repercussions. Instances when a BAC below the legal limit of 0.08% may have additional consequences are identified below:
A common practice for DUI attorneys in Illinois is to recommend that their clients with CDL licenses surrender their CDL privileges so that they do not also lose their privileges to operate a passenger vehicle (non-CMV) (Class D). There is no such thing as a suspended sentence for CDL holders, so a sentence of supervision will not help a CDL holder avoid losing their CMV privileges. The driver or CDL holder will lose their right to drive a CMV for a year, but they will still be able to operate a passenger vehicle that has been equipped with a Breath Alcohol Ignition Interlock Device (BAIID Device).
Illinois drivers under the age of twenty-one years who have any amount of alcohol in their system while operating a motor vehicle are guilty of what is commonly referred to as the “zero tolerance” statute. The presence of any amount of alcohol will cause an automatic suspension of their driver’s license. An underage driver who provides chemical testing that reveals the driver’s BAC to be above 0.00%, but less than 0.08% will have their license suspended for no less than three months. This is statue (625 ILCS 5/6-208.2). The period of suspension will be longer if the underage driver refuses chemical testing (six months). The period of suspension also increases if the underage driver has previously been found guilty of violating the “zero tolerance” statute (one year if the chemical test revealed a BAC above 0.00%; two years if the repeat offender refuses chemical testing).