Legal Defense for Aggravated DUI with Great Bodily Harm in Schaumburg, Illinois
Schaumburg, Illinois, a dynamic suburb located within Cook County, is home to residents from diverse walks of life. While its bustling commercial districts and family-friendly neighborhoods make it a thriving community, Schaumburg also faces its share of legal challenges. Aggravated DUI with Great Bodily Harm in Schaumburg is among the most severe criminal charges in Illinois, requiring swift and effective legal representation.
Illinois Law on Aggravated DUI Offenses
Under 625 ILCS 5/11-501, Illinois law imposes strict penalties for driving under the influence. The law considers a DUI “aggravated” when it results in serious physical harm to another individual. This enhancement elevates the charge to a felony, reflecting the gravity of the offense.
For a conviction, the prosecution must prove:
- The driver was under the influence of alcohol or drugs
- Their impairment caused an accident
- The accident resulted in great bodily harm
Felony classifications for Aggravated DUI range from Class 4 to Class 2, depending on the circumstances. A Class 4 felony carries a potential sentence of one to three years in prison, while a Class 2 felony could result in three to seven years behind bars. In cases involving multiple victims or egregious negligence, the penalties may increase.
How DUI Cases Begin in Schaumburg
In Schaumburg, DUI cases often start with a traffic accident. Law enforcement investigates the scene, looking for signs of impairment, such as the smell of alcohol, slurred speech, or difficulty walking. Field sobriety tests and chemical tests are commonly used to determine intoxication levels. Refusal to comply with these tests can trigger automatic penalties, such as license suspension.
Following the investigation, the accused is arrested and charged. The case moves to court, beginning with an arraignment where charges are formally presented. At this stage, defendants need a skilled attorney to begin crafting a defense and exploring all legal options.
Penalties for Aggravated DUI Convictions
Aggravated DUI convictions result in life-altering consequences. Beyond imprisonment, individuals face substantial fines, lengthy license suspensions, and mandatory participation in rehabilitation programs. Civil lawsuits from victims seeking compensation for injuries or damages are also common, further adding to the financial toll.
The personal and professional impacts of a felony conviction cannot be overstated. A permanent criminal record can limit job opportunities, restrict housing options, and harm personal relationships. The consequences extend far beyond the courtroom, underscoring the importance of a strong legal defense.
Types of Evidence and Potential Defenses
Law enforcement and prosecutors rely on a wide range of evidence in DUI cases, including:
- Results from breathalyzer or blood tests
- Accident reconstruction reports
- Eyewitness statements
- Video footage from dashcams or surveillance cameras
Defending against these charges involves challenging the validity of this evidence. An experienced attorney may question the accuracy of chemical tests, highlight errors in accident reconstruction, or argue that external factors contributed to the crash. Procedural violations by law enforcement, such as improper handling of evidence, can also be grounds for dismissal.
Call Us For Your Free Case Review
If you or a loved one has been charged with Aggravated DUI with Great Bodily Harm in Schaumburg or surrounding areas, don’t wait to seek legal help. The Law Offices of David L. Freidberg offers a free consultation 24/7 to discuss your case and provide guidance. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442. We proudly serve clients in Schaumburg, Chicago, and throughout Cook County, DuPage County, Will County, and Lake County. Protect your future with a proven legal defense team by your side.