Chicago Criminal Lawyer Blog
Understanding DUI Leaving the Scene of an Accident Charges in DuPage County
In DuPage County, Illinois, drivers arrested for DUI leaving the scene of an accident face serious legal consequences. The cities of Naperville, Wheaton, Downers Grove, Elmhurst, and other communities within the county are known for their strict enforcement of DUI laws, and any accident involving a driver who leaves the scene will be thoroughly investigated.
Leaving the scene of an accident is a separate offense from Driving Under the Influence (DUI), but when both charges are filed together, the penalties are significantly more severe. Under Illinois law (625 ILCS 5/11-401 and 625 ILCS 5/11-501), drivers are legally required to stop, render aid, and exchange information after an accident. If alcohol or drugs are involved, the situation becomes even more complicated, as prosecutors will argue that the driver fled to avoid a DUI arrest.
At The Law Offices of David L. Freidberg, we provide aggressive defense strategies to fight DUI leaving the scene of an accident charges. Our firm has successfully helped clients reduce or dismiss their charges, allowing them to avoid harsh penalties and protect their future.
Illinois Laws on DUI and Leaving the Scene of an Accident
Illinois law classifies leaving the scene of an accident and DUI as separate offenses, each carrying its own penalties.
Leaving the Scene of an Accident (625 ILCS 5/11-401)
If a driver is involved in an accident, Illinois law requires them to:
- Stop immediately at or near the scene.
- Provide their name, address, and insurance information to the other party.
- Render aid if injuries have occurred.
Failing to comply results in criminal charges, with penalties depending on the severity of the accident.
If the accident only involves property damage, leaving the scene is a Class A misdemeanor with:
- Up to one year in jail.
- Fines up to $2,500.
- Possible license suspension.
If the accident results in injuries, leaving the scene is a Class 4 felony, carrying:
- 1 to 3 years in prison.
- Fines up to $25,000.
- Mandatory license revocation.
If the accident results in a fatality, fleeing is a Class 1 felony, punishable by:
- 4 to 15 years in prison.
- Permanent license revocation.
Driving Under the Influence (625 ILCS 5/11-501)
DUI in Illinois is classified as:
- First-time DUI: Class A misdemeanor, up to one year in jail, and fines of up to $2,500.
- Second DUI: Mandatory five days in jail or 240 hours of community service, with license revocation for five years.
- Third DUI: Class 2 felony, 3 to 7 years in prison, and permanent license revocation.
When DUI and leaving the scene of an accident are combined, the driver faces multiple criminal charges. Prosecutors aggressively pursue convictions, arguing that the driver fled to avoid a DUI arrest.
How DUI Leaving the Scene of an Accident Cases Are Investigated in DuPage County
Police officers in DuPage County respond swiftly to hit-and-run accidents. If a driver flees an accident scene, law enforcement begins an immediate investigation to locate the suspect.
Investigators use:
- Traffic camera footage from intersections and businesses.
- Eyewitness testimony from pedestrians, other drivers, or accident victims.
- Forensic evidence, including vehicle debris, paint transfer, and tire marks.
- License plate tracking to find the registered owner.
Once police identify the driver, they may issue a warrant for their arrest or request the suspect turn themselves in. If alcohol or drugs are suspected, officers will attempt to collect chemical evidence, field sobriety tests, or witness statements to support a DUI charge.
A skilled DUI defense attorney can challenge the prosecution’s case by questioning the accuracy of the investigation, reliability of eyewitnesses, and validity of DUI tests.
Legal Defenses to DUI Leaving the Scene of an Accident
Several legal defenses can be used to fight DUI leaving the scene of an accident charges.
Some drivers are unaware that an accident occurred, particularly in low-impact collisions. If there is no proof of intent to flee, the prosecution’s case weakens.
Eyewitness descriptions can be inaccurate or conflicting. Without clear evidence that the defendant was driving at the time of the accident, the case may not hold up in court.
Police officers must follow legal procedures during DUI stops and accident investigations. If law enforcement violated constitutional rights, the evidence may be suppressed, leading to case dismissal.
At The Law Offices of David L. Freidberg, we thoroughly examine every case to determine the best possible defense strategy.
Why You Need an Experienced DUI Leaving the Scene of an Accident Attorney
A conviction for DUI leaving the scene of an accident can lead to prison time, loss of driving privileges, and a permanent criminal record. Without legal representation, the prosecution will seek the harshest penalties possible.
Hiring a DUI defense attorney can:
- Challenge law enforcement evidence and witness statements.
- Argue for case dismissal or reduced charges.
- Negotiate alternative sentencing, such as community service or probation instead of jail time.
At The Law Offices of David L. Freidberg, we have a proven track record of success in defending clients against DUI and traffic-related felony charges.
Call The Law Offices of David L. Freidberg for DUI Defense in DuPage County
If you have been charged with DUI leaving the scene of an accident in DuPage County, you need an aggressive defense attorney who will fight for your rights. The penalties for a conviction are severe, but with the right legal strategy, you may be able to avoid a conviction or reduce the charges against you.
A DUI conviction can result in license suspension, heavy fines, and even jail time. Don’t let a subjective police reportruin your future.
Call The Law Offices of David L. Freidberg Today
If you have been arrested for DUI without failing a breathalyzer, you need an aggressive defense strategy. The prosecution will rely on officer observations, but we will fight to challenge their claims and protect your rights.
If you are facing a DUI 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.
