Chicago Criminal Lawyer Blog
Fighting Aggravated DUI with Death Charges in Joliet, Illinois
Joliet is a dynamic city with a rich industrial history and a vibrant community. However, being charged with aggravated DUI involving a fatality in Joliet is an overwhelming experience. Illinois courts treat these cases with the utmost seriousness, imposing strict penalties on those convicted. The consequences of a conviction can affect your freedom, your family, and your future.
Illinois DUI Laws and Aggravated Charges
Under Illinois DUI law, 625 ILCS 5/11-501 makes it illegal to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both. A DUI becomes aggravated when it results in a fatality, elevating the charge to a felony. These cases often involve additional factors, such as speeding, reckless driving, or having prior DUI convictions.
An aggravated DUI with death is classified as a Class 2 felony, carrying severe mandatory sentencing requirements. Illinois law reflects a zero-tolerance approach to impaired driving that causes harm, emphasizing both accountability and deterrence.
Legal Penalties for Aggravated DUI with Death
If convicted of aggravated DUI with death, the penalties can include:
- 3-14 years of imprisonment for one fatality.
- 6-28 years of imprisonment for multiple fatalities.
- Permanent loss of driving privileges.
- Substantial financial restitution to the victim’s family.
Convictions for aggravated DUI also result in a permanent criminal record, which can complicate employment, housing, and personal relationships. These lasting effects make it imperative to fight the charges with an experienced defense attorney.
How the Criminal Process Unfolds in Joliet
Aggravated DUI cases typically begin with an arrest following a traffic accident involving a fatality. Police will conduct field sobriety tests, breathalyzer tests, or blood tests to assess impairment. If the driver is suspected of being under the influence, they will be taken into custody and charged.
The legal process then moves to the courtroom. After the arraignment, where charges are formally read, both sides engage in the discovery process. Your defense attorney will carefully examine the prosecution’s evidence, including police reports, test results, and witness statements. Identifying inconsistencies or procedural errors at this stage is critical for building a strong defense.
Evidence in Aggravated DUI Cases
Prosecutors rely heavily on evidence to secure a conviction. This evidence may include:
- Blood alcohol concentration (BAC) results from chemical testing.
- Testimony from accident reconstruction experts.
- Statements from witnesses present at the scene.
- Toxicology reports analyzing the presence of drugs or alcohol.
Each piece of evidence must meet strict legal standards to be admissible in court. An experienced attorney can challenge any irregularities in the collection or handling of evidence.
Legal Defenses for Aggravated DUI with Death
Defenses in aggravated DUI cases can include challenging the validity of chemical test results or demonstrating that impairment was not the primary cause of the accident. Other potential defenses include procedural violations during the arrest or issues with the chain of custody for key evidence. A thorough defense strategy may also involve questioning the qualifications or methodology of expert witnesses presented by the prosecution.
Why You Need a Defense Attorney
The stakes in aggravated DUI cases are exceptionally high. Without a skilled defense attorney, you risk severe penalties and lifelong consequences. A knowledgeable DUI attorney will protect your rights, challenge the evidence against you, and work to achieve the best possible outcome in your case.
Call Attorney David Freidberg to Discuss Your DUI Charge
If you are facing aggravated DUI charges in Joliet, don’t wait to secure legal representation. Contact the Law Offices of David L. Freidberg for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Joliet, Chicago, and surrounding counties, including Cook, DuPage, Will, and Lake Counties. Let us fight for your rights and your future.
