Just last month an Elgin woman was sentenced to serve 13 years after she plead guilty to her 5th and 6th DUI (repeat DUI). Cheri Bookman, 48, plead guilty to two counts of aggravated DUI–one a Class 1 felony and the other a Class X felony. In January of 2015 she was involved in an accident where she fled the scene and later admitted to police that she had been drinking. In August of 2015 she tried to flee after being pulled over for driving the wrong way and crashed her vehicle; her blood alcohol content (BAC) was .247.
Aggravated DUI
There a many factors that can make a DUI charge an aggravated DUI charge. An aggravated DUI has more serious consequences than a regular DUI charge. Aggravated DUIs are felonies. The type of felony depends on the charge. With all aggravated DUIs, any mandatory prison sentences or community service hours are not subject to suspension or reduction. A person sentenced to probation or conditional discharge must serve a minimum of 480 hours of community service or 10 hours in jail. The following factors make a DUI charge an aggravated DUI charge:
- Third and subsequent DUI offenses.
- DUI while driving a school bus with passengers under 18.
- DUI when involved in an accident with great bodily harm, permanent disability or disfigurement.
- Second DUI, with a previous conviction for alcohol related reckless homicide.
- DUI while driving in a school zone with an accident that had bodily harm.
- DUI when involved in a crash that resulted in the death of a person.
- DUI while driving when license is suspended or revoked for a previous DUI charge, leaving the scene or reckless homicide.
- DUI while driving without a valid license.
- DUI while driving without insurance.
- DUI when involved in an accident that resulted in bodily harm to a person 16 years old or younger.
Penalties for 5th DUI
A 5th DUI is a Class 1 felony. Possible penalties include:
- Driver’s license revocation for life.
- Vehicle registration suspension.
- Vehicle impoundment.
- Possible imprisonment of 4-15 years.
- Fines up to $25,000.
- Addiction evaluation and treatment.
Penalties for 6th DUI
A 6th DUI is a Class X felony. Possible penalties include:
- Driver’s license revocation for life.
- Vehicle registration suspension.
- Vehicle impoundment.
- Imprisonment of 6-30 years.
- Fines up to $25,000.
- Addiction evaluation and treatment.
Driving Relief
The new Illinois law allows drivers that have lost their driving privileges for life to obtain a restricted driver’s permit (RDP) after serving a five-year revocation and proving sobriety for three years. With a RDP the driver may only use vehicles with a BAIID (breath alcohol ignition interlock device) installed. In order to get an RDP, a person must:
- Show hardship.
- Provide current drug/alcohol evaluation and treatment.
- Install a BAIID.
To get a RDP, a person must attend a Secretary of State hearing and then apply for the license. Once an RDP is obtained the person can drive a car with a BAIID according to the restrictions on the permit. Restrictions may vary, for example, the permit may only allow the person to drive to and from work.
DUI Lawyer for Repeat DUIs
If you are arrested for your 5th or 6th DUI, call a DUI lawyer immediately. Any time you are arrested, you need a lawyer. Repeat DUIs have serious penalties which may include jail time. Penalties always vary depending on the circumstances of the crime. Make sure to consult Dennis F. Dwyer if you are charged with a 5th or 6th DUI. He is an experienced DUI attorney and will aggressively defend your case so that you can obtain the best result possible. Call Dennis F. Dwyer today and find out how he can help you fight your repeat DUI charges.
