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Barry Boches & Associates

What Kind of Factors Can Aggravate A DUI?


It really just comes down to questions of fact. Whether they believed the person was impaired, especially if the person refused the test, to the credibility of the officer thinking whether or not the person was really slurring his words and if his eyes were really bloodshot. It would really depend on how the police officer could be tackled. An attorney also would need to have good trial skills, because a lot of these officers are not good at making reports. They do not remember things so they try and embellish, but then they can be caught embellishing. I can’t think of any particular DUI cases that were just crazy ones one way or the other, because they were all within the realm of a grey area, although they are usually pretty consistent with what common-sense would think would happen.

What Factors Aggravate A DUI And What Happens With An Aggravated DUI?

Aggravated DUI would usually involve an accident with injuries, or it could be aggravated because of the extent of the blow. They have different categories in the counties I practice in which go up to 0.08 to 0.149, 0.15 to 0.17, 0.17 to 2.0, 2.0 to 2.49 and then 2.5 and over, and then there is refusal.

Are There Other Aggravating Factors Like Having Kids In The Car?

Someone who had children in the car would not be able to get court supervision in Illinois if at the time of the plea or the sentencing the judge is made aware there was children in the car when the DUI occurred. Children are minors and would include anybody who was 16 or under. Someone I knew got a DUI and he had his younger brother with him who was 15, and they were going home from a baseball game when he got arrested. Getting a DUI with a child in the car receives a minimum of 6 months in jail, with no work release. It would be straight jail time even if it was the first offense, which is a factor that comes into play at sentencing because they would mention that there was a child in the car. It would be an automatic 6 months of jail and then the person would probably get charged with a separate misdemeanor offense of child endangerment for that same thing. On that particular case I was able to convince the prosecutor to give the defendant a reckless driving instead of a DUI, but this doesn’t always happen, you really need an experienced attorney to handle these types of cases.A DUI being aggravated has to do more with the accidents and injuries and/or leaving the scene.

What Happens If Someone With A Suspended License Gets Pulled Over?

Two things would happen if someone with a suspended license got pulled over, or they violated their suspension by driving someone else’s car without the breath machine, or they did not have the machine and they never bothered getting it and just drove anyway. Firstly, they would forfeit the person’s vehicle and they would never get it back. In Illinois, it would be a minimum of 10days in jail or 240 hours of public service for that first time offense, and it would be up to a $2,500 fine.

The person could fight it, but their car would be taken if they were driving while under suspension. It would be the same thing if they were caught with any amount of drugs in the car. The police would say that the person was using the substance in the commission of the felony and that they have unlawful possession of a controlled substance. They would happily take the person’s car if they found even one gram of cocaine in their car.

What Was The Highest Number Of Previous DUI Convictions That A Person Had?

I handled a case last year for someone who had gotten his sixth conviction, and he wound up being sentenced for 9 years. I worked something out for him for 2 years but he did not want to take it. It seemed quite obvious that he would lose, and we lost the trial. Some other attorney told him he could get everything vacated, which of course was untrue because he was just trying to take his money, which he did. The attorney did nothing for the person and did not even make any argument, so he just took his money and the person got a 9 year sentence.

What Was The Highest Blood Alcohol Level A Person Had, That You Have Represented?

I represented someone with a blood alcohol level of 3.3. They thought he should have been legally dead but he was not. I have also had quite a few cases where the reading was in the high 2 readings, but the 3.3 reading belonged in the hall of shame.

For more information on Aggravated DUI, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

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