Chicago Criminal Lawyer Blog
Defending Against DUI with Injury Charges in Lake County, Illinois
Facing a DUI with injury charge in Lake County, Illinois, is a serious matter with potentially life-altering consequences. If you or a loved one have been accused of causing injury while driving under the influence, you need to understand the gravity of the situation and the legal options available. Illinois law treats these offenses harshly, imposing severe penalties that could include imprisonment, steep fines, and long-term consequences for your future.
Understanding DUI with Injury Charges in Illinois
DUI with injury cases fall under 625 ILCS 5/11-501, the Illinois statute governing DUI offenses. The law prohibits operating a vehicle while under the influence of alcohol, drugs, or any intoxicating substance that impairs a driver’s ability to operate a vehicle safely.
When an accident results in bodily harm, the charge is elevated to aggravated DUI under 625 ILCS 5/11-501(d). Aggravated DUI is classified as a felony, which carries harsher penalties than a standard DUI.
- Class 4 felony: If a DUI results in great bodily harm, permanent disability, or disfigurement, the driver faces one to three years in prison and fines up to $25,000.
- Class 2 felony: If a DUI results in the death of another person, the driver faces three to fourteen years in prison for one fatality and six to twenty-eight years for multiple fatalities. The penalties increase depending on the circumstances surrounding the accident and the driver’s prior record.
- License revocation: A conviction results in a mandatory loss of driving privileges, making it challenging to maintain employment and other responsibilities.
These cases are aggressively prosecuted in Lake County, and prosecutors rely on various forms of evidence to build their case. Understanding how these cases begin and proceed through the legal system is crucial to mounting an effective defense.
How DUI with Injury Cases Begin and the Investigation Process
DUI with injury cases typically begin when law enforcement responds to an accident scene. Officers will assess the situation and determine whether alcohol or drugs were involved. The investigation process includes several key steps:
- Field Sobriety Tests (FSTs): Officers may ask the driver to perform balance and coordination exercises. However, these tests are often unreliable and can be challenged in court.
- Breathalyzer or Blood Tests: Law enforcement will attempt to measure the driver’s blood alcohol content (BAC) to determine impairment. However, errors in administration, calibration issues, or improper handling of samples can render the results invalid.
- Witness Testimony: Police will interview witnesses, including passengers and other drivers, to gather statements about the incident.
- Accident Reconstruction: In more serious cases, accident reconstruction experts may be used to determine how the crash occurred and whether impairment played a role.
Arrest and Court Process for DUI with Injury in Illinois
Once law enforcement determines that impairment may have contributed to an accident with injuries, the driver will be placed under arrest. The criminal court process then begins:
- Arraignment: The defendant is formally notified of the charges and asked to enter a plea.
- Pretrial Motions: The defense can challenge the admissibility of evidence, request suppression of unlawfully obtained evidence, and negotiate with prosecutors.
- Trial: If a plea agreement is not reached, the case will proceed to trial, where the prosecution must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, the judge imposes penalties based on the severity of the charges and the defendant’s criminal history.
Given the complexity of DUI with injury cases, having an experienced defense attorney is critical to ensuring the best possible outcome.
Legal Defenses Against DUI with Injury Charges
A strong legal defense is essential in fighting DUI with injury charges. Some common defenses include:
- Challenging the Validity of Field Sobriety Tests: Many factors, such as uneven surfaces or medical conditions, can cause a driver to fail these tests despite being sober.
- Questioning BAC Test Accuracy: Breathalyzers and blood tests must be properly maintained and administered. If errors occur, the results may be inadmissible in court.
- Proving No Causation: Even if a driver was intoxicated, the prosecution must prove that impairment directly caused the accident. Other factors, such as the actions of another driver or poor road conditions, could be responsible for the crash.
- Violation of Constitutional Rights: If law enforcement conducted an illegal stop, search, or seizure, evidence may be thrown out, weakening the prosecution’s case.
Why You Need a Skilled DUI Attorney in Lake County, Illinois
Facing a DUI with injury charge without an attorney puts your future at risk. The stakes are high, and prosecutors are relentless in pursuing convictions. A knowledgeable defense attorney can:
- Protect your rights throughout the legal process
- Investigate the circumstances surrounding your arrest
- Challenge unreliable evidence
- Negotiate plea agreements to reduce penalties
- Represent you at trial to fight for an acquittal
At The Law Offices of David L. Freidberg, we have extensive experience defending DUI cases in Lake County and throughout Illinois. Our firm is dedicated to providing aggressive and strategic legal representation to help clients avoid the severe consequences of a conviction.
Contact The Law Offices of David L. Freidberg Today
If you are facing DUI charges in Lake County or anywhere in Illinois, the right legal representation can make all the difference. The Law Offices of David L. Freidberg is available 24/7 to provide aggressive defense strategies tailored to your case.
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated manslaughter in Lake 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.
