Chicago Criminal Lawyer Blog
The Serious Consequences of DUI Hit-and-Run Charges in Will County
A DUI charge alone can result in severe penalties in Will County, but when it is combined with leaving the scene of an accident, the consequences become significantly more severe. Law enforcement agencies in Joliet, Bolingbrook, Plainfield, Romeoville, and other cities in Will County treat DUI hit-and-run cases aggressively, often pursuing felony charges that carry harsh prison sentences, permanent license revocation, and life-altering criminal records.
Under Illinois law (625 ILCS 5/11-401), any driver involved in an accident must stop, provide their information, and assist injured parties. Failing to do so can lead to criminal charges, even if the driver was not at fault for the accident. When combined with a DUI charge, the penalties increase dramatically, making it critical to have a strong legal defenseto protect your rights.
At The Law Offices of David L. Freidberg, we have extensive experience defending individuals charged with DUI leaving the scene of an accident. We fight to challenge the prosecution’s case, reduce charges, and work toward minimizing the impact of these serious allegations.
Illinois Laws Governing DUI and Leaving the Scene of an Accident
Illinois law considers both DUI and leaving the scene of an accident to be serious criminal offenses. Even if a driver was not under the influence, fleeing the scene of an accident can turn a simple traffic violation into a felony offense.
Leaving the Scene of an Accident (625 ILCS 5/11-401)
Illinois law requires drivers involved in an accident to immediately stop and provide:
- Their name and contact information
- Their insurance and driver’s license details
- Assistance to anyone injured
Failing to stop and follow these requirements results in criminal charges, which vary depending on the severity of the accident.
If an accident involves only property damage, leaving the scene is a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,500. If an accident results in injuries or death, fleeing the scene is charged as a felony, with penalties ranging from 1 to 15 years in prison.
Driving Under the Influence (625 ILCS 5/11-501)
Under Illinois law, it is illegal to operate a vehicle under the influence of alcohol or drugs if it impairs the driver’s ability to operate the vehicle safely. The legal blood alcohol concentration (BAC) limit is 0.08%, but drivers can still be charged if they appear impaired, regardless of their BAC level.
Penalties for a first-time DUI include:
- Up to one year in jail
- Fines up to $2,500
- Mandatory alcohol education programs
- Driver’s license suspension for up to one year
For repeat DUI offenders, penalties increase significantly, with potential felony charges, extended license revocation, and mandatory prison time.
DUI Combined with Leaving the Scene of an Accident
When a driver leaves the scene of an accident while under the influence, the charges escalate. Illinois law classifies this offense as a serious felony, with penalties including:
- A mandatory minimum jail sentence of 10 days or 240 hours of community service
- A felony charge if injuries are involved (3 to 7 years in prison)
- A felony charge if the accident results in a fatality (4 to 15 years in prison)
- Permanent driver’s license revocation
Even if a driver was unaware of the accident, prosecutors may aggressively pursue charges, making it crucial to have an experienced defense attorney who can challenge the evidence and work toward a case dismissal or reduction of charges.
How Law Enforcement Investigates DUI Hit-and-Run Cases
Once an accident occurs and a driver leaves the scene, law enforcement launches an immediate investigation to identify and locate the suspect. Officers will:
- Collect statements from witnesses and victims
- Review security camera footage from nearby businesses and traffic cameras
- Look for vehicle debris, skid marks, and damage to surrounding property
- Use vehicle registration records to track license plate numbers
If law enforcement identifies the suspect’s vehicle, they may issue an arrest warrant or attempt to locate the driver at their residence.
Even if a suspect turns themselves in, they will still face criminal prosecution. This is why it is crucial to have an experienced DUI defense attorney involved as soon as possible to begin building a defense strategy before charges escalate.
Legal Defenses Against DUI Leaving the Scene of an Accident Charges
Every DUI hit-and-run case is unique, and an attorney will examine the facts to build a strong defense. Some common legal defenses include:
- Lack of Knowledge: If the driver was unaware that an accident occurred, they cannot be convicted of intentionally leaving the scene.
- Mistaken Identity: Prosecutors must prove beyond a reasonable doubt that the accused was driving at the time of the accident. A lack of direct evidence can weaken their case.
- Medical Emergency: If a driver left the scene due to a medical condition or urgent emergency, this may be used as a defense.
- Challenging the DUI Evidence: If the DUI charge is based on faulty breathalyzer results, field sobriety test errors, or improper police procedures, the DUI portion of the case may be dismissed.
By challenging the prosecution’s evidence and examining weaknesses in their case, a skilled attorney may be able to reduce charges or negotiate alternative sentencing.
Why You Need a DUI Defense Attorney for a Hit-and-Run Charge
Without a strong defense, a conviction for DUI leaving the scene of an accident can lead to years in prison and permanent loss of driving privileges. Having an experienced attorney on your side can make a significant difference in the outcome of your case.
An attorney will:
- Challenge police evidence and testimony
- Negotiate plea deals to reduce or dismiss charges
- Defend against wrongful accusations and unreliable witness statements
- Protect your driver’s license and explore reinstatement options
At The Law Offices of David L. Freidberg, we aggressively fight for our clients and work to achieve the best possible outcome.
Call The Law Offices of David L. Freidberg for DUI Hit-and-Run Defense in Will County
If you have been arrested for DUI leaving the scene of an accident in Will County, you need a skilled attorney who can challenge the charges and protect your future. Prosecutors pursue these cases aggressively, and without the right legal defense, you could face long-term consequences that impact every aspect of your life.
The Law Offices of David L. Freidberg provides aggressive defense for clients in Will County and throughout Illinois. We are available 24/7 for a free consultation to discuss your case and develop a defense strategy.
If you are facing DUI Leaving the Scene of an Accident charges in Will County, time is critical. The prosecution is already building a case against you, and you need an attorney who will fight for your rights. The Law Offices of David L. Freidberg has decades of experience defending clients against serious criminal charges.
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of DUI Leaving the Scene of an Accident 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.
