Chicago Criminal Lawyer Blog
DuPage County, Illinois, has some of the strictest DUI laws in the state, and a DUI hit-and-run offense is among the most serious traffic-related crimes. Cities such as Naperville, Wheaton, Downers Grove, and Elmhurst have law enforcement agencies that aggressively pursue drivers who flee the scene of an accident. When alcohol or drugs are involved, prosecutors will seek enhanced penalties, including felony charges, long-term license revocation, and mandatory prison time.
Illinois law requires all drivers involved in an accident to stop, provide their information, and render aid if necessary. However, individuals who panic and leave the scene—especially if impaired—face significantly harsher penalties than those who remain. Whether the accident involved property damage, injuries, or a fatality, a DUI hit-and-run charge can have life-altering consequences.
If you are accused of a DUI hit-and-run in DuPage County, securing a strong legal defense is essential. At The Law Offices of David L. Freidberg, we provide aggressive representation for individuals facing these serious charges. Our firm fights to protect your rights and minimize the legal consequences of your case.
Illinois DUI Hit-And-Run Laws and Their Consequences
A DUI hit-and-run combines two separate offenses: driving under the influence (625 ILCS 5/11-501) and leaving the scene of an accident (625 ILCS 5/11-401). The penalties depend on the nature of the accident, the extent of the damage, and whether injuries or fatalities occurred.
If a driver leaves the scene of an accident involving only property damage, they may face a Class A misdemeanor, which carries penalties of up to one year in jail, fines up to $2,500, and a potential driver’s license suspension.
If an accident involves bodily injury, fleeing the scene is a Class 4 felony, punishable by 1 to 3 years in prison, fines up to $25,000, and potential license revocation.
If the accident results in a fatality, leaving the scene is a Class 1 felony, carrying 4 to 15 years in prison, permanent driver’s license revocation, and severe financial penalties.
If a DUI is involved in the accident, additional penalties apply. A first-time DUI hit-and-run with injuries is charged as a Class 2 felony, with a potential sentence of 3 to 7 years in prison. If there are aggravating factors, such as multiple victims or a prior DUI conviction, the charge could be enhanced to a Class 1 felony, leading to 4 to 15 years in prison.
Illinois law also mandates driver’s license revocation for any DUI hit-and-run conviction. Unlike a standard DUI suspension, revocation means that the individual loses their driving privileges indefinitely, making reinstatement difficult.
How DUI Hit-And-Run Cases Are Investigated in DuPage County
DUI hit-and-run cases often begin when law enforcement receives a report of an accident where one driver has fled. Officers will investigate by collecting eyewitness accounts, security camera footage, and forensic evidence from the scene. If a suspect vehicle is located, law enforcement may examine vehicle damage, paint transfers, and surveillance data to link it to the crash.
If a driver is suspected of fleeing to avoid a DUI arrest, officers will try to collect blood alcohol concentration (BAC) test results, toxicology reports, and any statements made by the accused. If law enforcement cannot immediately locate the driver, they may issue a warrant for their arrest.
Some individuals who have fled the scene of a DUI accident later decide to turn themselves in. While this does not erase the charge, it may help in negotiating reduced penalties. A defense attorney can work to ensure that the suspect is not subjected to additional charges beyond what is necessary.
Legal Defenses Against DUI Hit-And-Run Charges
Fighting a DUI hit-and-run charge requires a strong legal strategy. Prosecutors must prove beyond a reasonable doubt that the defendant was both under the influence and knowingly fled the scene. Several defenses can challenge these claims:
A lack of knowledge defense may apply if the driver was unaware that an accident occurred. If there was minimal impact or poor visibility, the prosecution may have difficulty proving that the accused intentionally fled.
Mistaken identity is another common defense. If law enforcement cannot prove that the accused was the one driving at the time of the crash, the charges may be dismissed. Surveillance footage, eyewitness testimony, and forensic evidence must establish the defendant’s presence beyond a reasonable doubt.
If a driver left the scene due to immediate danger or a valid emergency, such as seeking medical attention, this can serve as a legal defense. Fear of an altercation, a medical crisis, or other urgent circumstances may justify leaving the scene.
For DUI-related charges, challenging BAC test results and the legality of the traffic stop is a key defense strategy. If law enforcement violated constitutional rights, administered faulty tests, or failed to follow procedure, the DUI charge may be reduced or dismissed.
Why You Need an Experienced DUI Hit-And-Run Defense Attorney
A DUI hit-and-run conviction can lead to prison time, permanent license revocation, and a felony criminal record. Without proper legal representation, the court may impose maximum penalties, significantly impacting your future.
A skilled DUI defense attorney can challenge the prosecution’s evidence, argue for reduced penalties, and negotiate alternative sentencing options. An attorney can also file motions to suppress unlawfully obtained evidence, question the accuracy of police reports, and fight for a case dismissal whenever possible.
At The Law Offices of David L. Freidberg, we have decades of experience defending clients against DUI hit-and-runcharges in DuPage County. Our firm works aggressively to minimize the legal consequences of a charge and protect our clients’ futures.
Call The Law Offices of David L. Freidberg for DUI Hit-And-Run Defense Today
If you are facing a DUI hit-and-run charge in DuPage County, you need an aggressive legal defense. Illinois prosecutors pursue these cases aggressively, and the penalties for a conviction can be devastating. An aggressive defense can mean the difference between a conviction and a dismissal or reduced charge.
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated manslaughter in DuPage 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 DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.
