Explaining DUI Aggravating & Mitigating Factors

 Posted on January 09, 2019 in DUI

Illinois DUI law is a complex topic with a variety of factors at play in any given DUI charge. In this article, we are going to explain the various aggravating and mitigating factors you may face when charged with a DUI in the state of Illinois.

What are Aggravating Factors?

When you get a DUI in Illinois, there are various factors that will be considered before you are officially charged. These factors can contribute to the level of DUI charge you receive. Aggravating factors typically lead to a harsher DUI charge. These factors include:

• This is your third+ DUI arrest
• The DUI event occurred while driving a school bus or a vehicle for-hire carrying passengers
• The DUI event resulted in great bodily harm.
• The DUI crime was committed without a valid driver’s license, without vehicle liability insurance or while revoked or suspended for a previous DUI, reckless homicide or for leaving the scene of a crash with injury.
• This is your second+ DUI committed while transporting a child, or a first offense DUI with a child in which the child was injured in an accident.
• The DUI crime was committed after previous conviction for reckless homicide while under the influence or aggravated DUI involving death.

What are Mitigating Factors?

There are also certain mitigating factors that can contribute to a lower level DUI charge. Here are some of these DUI mitigating factors:

• Having a previously spotless driving record
• Just barely being over 0.08
• Voluntarily completing a substance/alcohol abuse course prior to trial
• Driving while under the influence of prescription drugs, not illegally acquired drugs

DUI Lawyer in Naperville, IL

If you are facing DUI charges in Illinois, contact the lawyers at Appelman Law today! Our experienced criminal attorneys can walk you through every stage of the legal process and make sure your rights are upheld at all times. Being charged with a DUI can come with many complications so it’s a good idea to have a qualified attorney by your side throughout the process. With decades of combined experience, our criminal trial lawyers are well equipped to handle your case. Contact us today at our Naperville office to set up your free consultation with one of our skilled Illinois DUI attorneys.