Chicago Criminal Lawyer Blog
Facing Aggravated DUI with Great Bodily Harm in Elgin, Illinois? Here’s What You Need to Know
Elgin, Illinois, known for its scenic views along the Fox River and its rich cultural tapestry, is a growing city in both population and activity. Unfortunately, with busier roadways comes an increase in traffic incidents, including those involving impaired driving. Among the most serious DUI-related charges is Aggravated DUI with Great Bodily Harm, a felony that carries severe penalties. If you or someone you know is facing this charge in Elgin, understanding your rights and the legal process is critical.
Illinois Law on Aggravated DUI
Under 625 ILCS 5/11-501, driving under the influence becomes aggravated when the offense results in great bodily harm, permanent disability, or disfigurement to another person. This elevation in charges reflects the severity of the harm caused and the state’s commitment to deterring impaired driving.
The classification of Aggravated DUI with Great Bodily Harm as a felony means that it carries more serious consequences than a standard DUI. While a Class 4 felony is the minimum charge, factors such as the number of victims and the extent of injuries can elevate the charge to a Class 2 felony or higher.
Penalties for Aggravated DUI in Illinois
The consequences of an Aggravated DUI conviction are life-altering. Sentencing can include:
- Prison time, ranging from 1 to 12 years, depending on the severity of the offense.
- Fines of up to $25,000.
- Revocation of your driver’s license for a minimum of two years, with stricter penalties for repeat offenders.
- Mandatory completion of alcohol and drug counseling programs.
Beyond these direct penalties, the long-term consequences of a felony conviction include a permanent criminal record, loss of employment opportunities, and potential damage to personal relationships.
The Arrest and Trial Process for Aggravated DUI
When an accident involving serious injury occurs, police officers are trained to investigate whether impairment was a contributing factor. This process often begins at the scene, where officers may administer field sobriety tests or request chemical tests to determine your level of impairment. If arrested, you will be taken into custody, and charges will be filed.
The trial process for an Aggravated DUI charge is rigorous. The prosecution must prove that you were driving under the influence and that your impairment caused the injuries in question. Your defense attorney will challenge the evidence and present arguments aimed at reducing or dismissing the charges.
Evidence in Aggravated DUI Cases
Prosecutors rely on a wide range of evidence to build their case, including:
- Chemical test results showing alcohol or drug levels.
- Eyewitness testimony describing your behavior or actions leading up to the crash.
- Accident reconstruction reports detailing the sequence of events.
- Medical records documenting the injuries sustained by the victims.
An experienced defense attorney will scrutinize this evidence, looking for procedural errors, inconsistencies, or other factors that weaken the prosecution’s case.
Legal Representation: Your Best Defense
Defending against an Aggravated DUI charge is not something you can do alone. The complexity of these cases, combined with the high stakes, demands the expertise of a seasoned attorney. A defense lawyer can:
- Analyze the evidence for weaknesses or errors.
- Develop a tailored defense strategy, whether that involves disputing test results or questioning the investigation’s integrity.
- Advocate for reduced charges or alternative sentencing options, such as probation or community service.
Call Us For Your Free Consultation
If you’re facing an aggravated DUI charge in Elgin, don’t leave your future to chance. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Elgin, and throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.
