In addition to making Driving Under the Influence (DUI) illegal, Illinois DUI law also has a class of offenses known as “aggravated” DUI. 625 ILCS 5/11-501(d) Aggravated DUI is a standard DUI with certain factors that the General Assembly has determined make it “worse” than standard DUI.
Aggravating factors include a third or subsequent DUI “violation”. In most instances, adverse actions under the Illinois Vehicle Code require a conviction. In those situations, other than when dealing with the law pertaining to Commercial Driver’s Licenses (CDLS), supervision is thus not a factor in the equation.
However, in order to receive court supervision, you must admit that you committed the violation. Therefore, since the aggravated DUI law requires only a violation as opposed to a conviction, supervision does count.
Another aggravating factor is that in committing a DUI, the person caused a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another. Someone who has previously been convicted of reckless homicide in the operation of a motor vehicle in which alcohol was a factor, or who was previously convicted of aggravated DUI involving death or an accident that resulted in great bodily harm or permanent disability or disfigurement to another is also guilty of aggravated DUI.
There are also DUI enhancements where the driver was DUI and was involved in an accident while operating in a school speed zone that caused injury to any other person or the DUI driver was in an accident that caused injury to an occupant under the age of 16.