DUI Pedestrian Hit-and-Run Charges in Will County: What You Need to Know
Will County, Illinois, which includes cities such as Joliet, Bolingbrook, Romeoville, and Plainfield, sees its fair share of DUI arrests each year. However, DUI pedestrian hit-and-run charges carry some of the most severe legal consequences under Illinois law.
Illinois law requires drivers involved in an accident to stop and remain at the scene to provide aid and exchange information. Failing to do so, especially when alcohol or drugs are involved, can lead to felony charges, mandatory prison time, and permanent loss of driving privileges.
At The Law Offices of David L. Freidberg, we understand that DUI pedestrian hit-and-run cases are not always as straightforward as they seem. Many people accused of these offenses did not intend to flee the scene or may not have realized that a pedestrian was involved. Others may have been wrongfully accused due to mistaken identity or unreliable evidence.
If you are facing DUI pedestrian hit-and-run charges in Will County, having an experienced DUI defense attorney can make the difference between a felony conviction and a reduced or dismissed charge.
Illinois Laws on DUI and Leaving the Scene of an Accident
In Illinois, a DUI pedestrian hit-and-run involves two separate criminal offenses, each carrying its own penalties.
The first offense is leaving the scene of an accident involving injury or death, which is prosecuted under 625 ILCS 5/11-401. Illinois law requires that any driver involved in an accident that results in injury or death must stop and provide assistance. If a driver leaves the scene, they face felony charges, with penalties ranging from one year to 15 years in prison depending on the circumstances.
The second offense is Driving Under the Influence (DUI), as defined under 625 ILCS 5/11-501. A driver may be charged with DUI if they:
- Have a blood alcohol concentration (BAC) of 0.08% or higher.
- Show signs of impairment due to alcohol, drugs, or a combination of both.
- Have any amount of a controlled substance in their system.
A DUI conviction combined with a hit-and-run charge can result in stacked penalties, significantly increasing jail time and fines.
Penalties for DUI Pedestrian Hit-and-Run Convictions in Illinois
Illinois law takes a strict stance on DUI pedestrian hit-and-run accidents. Depending on the severity of the accident, penalties may include:
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If the pedestrian suffers non-fatal injuries:
- Class 4 felony
- 1 to 3 years in prison
- Fines up to $25,000
- Mandatory driver’s license revocation
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If the accident results in a pedestrian’s death:
- Class 1 felony
- 4 to 15 years in prison
- Permanent license revocation
- Significant financial penalties
In addition to criminal penalties, individuals convicted of DUI pedestrian hit-and-run face civil lawsuits from victims or their families, which can lead to substantial financial damages.
How DUI Pedestrian Hit-and-Run Investigations Work in Will County
Law enforcement agencies in Will County conduct thorough investigations following a DUI pedestrian hit-and-run accident. These investigations typically involve:
- Reviewing surveillance footage from traffic cameras, businesses, and nearby residences to identify the vehicle and driver.
- Collecting forensic evidence, including car debris, skid marks, and paint transfer to match a suspect’s vehicle to the accident.
- Interviewing eyewitnesses, pedestrians, and other drivers who may have seen the accident occur.
- Analyzing vehicle damage, including windshield fractures or dents, to determine point of impact.
- Obtaining toxicology reports from the suspected driver to establish whether alcohol or drugs were involved.
Even if no one witnessed the accident, forensic evidence alone can be used to build a case against the driver. However, investigative mistakes, unreliable witness testimony, and procedural errors can create opportunities for legal challenges.
Common Defenses for DUI Pedestrian Hit-and-Run Charges
A DUI pedestrian hit-and-run charge is not an automatic conviction. Many defenses can be used to fight these charges, depending on the details of the case.
One common defense is lack of knowledge. To be convicted of leaving the scene of an accident, the prosecution must prove that the driver knew or reasonably should have known that an accident occurred. If the accident took place in poor visibility conditions or in a crowded urban setting, the driver may have been unaware that they struck a pedestrian.
Another defense involves challenging BAC or drug test results. If blood or breath tests were not properly administered, they may be inadmissible in court. Improper testing procedures, faulty breathalyzers, or contaminated blood samples can invalidate DUI evidence.
Mistaken identity is another possible defense. In some cases, law enforcement relies on witness descriptions to identify a suspect’s vehicle, which may lead to false accusations. If multiple vehicles were in the area, police may have charged the wrong person.
Additionally, some accidents result from the pedestrian’s own negligence. If the pedestrian was jaywalking, intoxicated, or wearing dark clothing at night, their own actions may have contributed to the accident.
At The Law Offices of David L. Freidberg, we conduct independent investigations to identify errors in the prosecution’s case, challenge unreliable evidence, and fight for reduced or dismissed charges.
Why You Need a DUI Pedestrian Hit-and-Run Defense Attorney
A DUI pedestrian hit-and-run charge is among the most serious DUI-related offenses in Illinois. Without legal representation, defendants risk maximum sentencing, extended prison time, and a permanent felony record.
An attorney can:
- Challenge the prosecution’s evidence and suppress unreliable witness testimony.
- Negotiate for lesser charges, probation, or alternative sentencing options.
- Fight to prove that law enforcement violated the defendant’s constitutional rights.
At The Law Offices of David L. Freidberg, we have successfully defended individuals facing serious felony DUI charges and worked to minimize legal consequences for our clients.
Call The Law Offices of David L. Freidberg for DUI Pedestrian Hit-and-Run Defense in Will County
If you have been arrested for a DUI pedestrian hit-and-run in Will County, you need immediate legal representation. Illinois prosecutors aggressively pursue these cases, and without an experienced defense attorney, you may face severe consequences. At The Law Offices of David L. Freidberg, we have decades of experience handling DUI cases in Will County and throughout Illinois. We provide aggressive representation to protect your rights, license, and freedom.
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of DUI in Will County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in Will County, DuPage County, Cook County, Lake County, and the greater Chicago area.