Aggravated DUI

(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.

1.   Every person convicted of committing a violation of the Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:

(A)  the person committed a violation of subsection (a) (DUI law) or a similar provision for the third or subsequent time;

(B)  the person committed a violation of subsection (a) (DUI law) while driving a school bus with persons 18 years of age or younger on board;

(C)  the person in committing a violation of subsection (a) (DUI law) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

(D)  the person committed a violation of subsection (a) (DUI law) and has been previously convicted of violating 9-3 of the Criminal Code of 1961 (720 ILCS 5/9-3) Involuntary Manslaughter and Reckless Homicide) or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

(E)  the person, in committing a violation of subsection (a) (DUI law) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Special Speed Limit While Passing Schools, (625 ILCS 5/11-605) was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) (DUI law) was a proximate cause of the bodily harm;

(F)  the person, in committing a violation of subsection (a) (DUI law) was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) (DUI law) was the proximate cause of the death;

(G)  the person committed a violation of subsection (a) (DUI law) during a period in which the defendant’s driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) (DUI law) or a similar provision, Section 11-501.1 (625 ILCS 5/11-501.1  (Additional Administrative Sanctions, paragraph (b) of Section 11-401 (625 ILCS 5/11-401 Motor Vehicle Accidents Involving Death or Personal Injuries), or for Reckless Homicide (720 ILCS 5/9-3);

(H)  the person committed the violation while he or she did not possess a driver’s license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit (MDDP);

(I)  the person committed the violation while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;

(J)  the person in committing a violation of subsection (a) (DUI law) was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury; or

(K)  the person in committing a second violation of subsection (a) (DUI law) or a similar provision was transporting a person under the age of 16.

Sentence: (2) (A) Except as provided otherwise (see below, Additional Aggravated DUI Penalties), a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.