Chicago Criminal Lawyer Blog
Defending Against Aggravated DUI with Great Bodily Harm Charges in Joliet, Illinois
Joliet, Illinois, is a bustling city known for its rich history and vibrant cultural scene. Located in Will County, Joliet serves as a central hub for residents and travelers alike, offering access to highways, recreation, and entertainment. However, its proximity to major roadways also means heightened law enforcement activity, especially when it comes to DUI offenses. Among these, Aggravated DUI with Great Bodily Harm represents one of the most severe charges a driver can face. At The Law Offices of David L. Freidberg, we have years of experience defending individuals against such charges, helping them navigate the complexities of Illinois DUI law.
Understanding Aggravated DUI with Great Bodily Harm in Illinois
Under Illinois law, aggravated DUI charges are governed by 625 ILCS 5/11-501, which establishes strict guidelines for driving under the influence. A standard DUI offense becomes aggravated when it results in great bodily harm, permanent disability, or disfigurement to another person. This classification elevates the offense from a misdemeanor to a felony, carrying severe legal consequences.
Aggravated DUI with great bodily harm is typically charged as a Class 4 felony, but depending on the circumstances, it can escalate to a higher felony class. Penalties may include:
- A prison sentence of one to twelve years, with the possibility of consecutive sentences if multiple victims are involved.
- Fines of up to $25,000, alongside other court-mandated financial obligations.
- Driver’s license revocation, lasting for at least two years.
- Completion of a mandatory alcohol and substance abuse treatment program.
In cases where additional factors are present, such as driving without a valid license or operating a vehicle with a minor passenger, the penalties can increase significantly. These charges not only pose legal challenges but also carry lasting personal and financial repercussions.
The Criminal Case Process for Aggravated DUI in Joliet
Criminal cases in Illinois typically begin with an arrest, often following a traffic stop or accident. For aggravated DUI cases, the investigation process is thorough, particularly when great bodily harm is involved. Law enforcement officers will collect evidence such as chemical test results, witness statements, and crash scene documentation. After the arrest, the driver will face formal charges and attend an arraignment, where they will enter a plea.
The discovery phase follows, during which the defense and prosecution exchange evidence. This phase is critical, as it allows your attorney to scrutinize the evidence against you and identify any weaknesses in the prosecution’s case. Pretrial motions may be filed to suppress evidence that was improperly obtained or challenge procedural errors.
If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant was under the influence and that their actions directly caused the injuries. Sentencing follows a conviction, where the court imposes penalties based on the severity of the crime and the circumstances of the case.
Types of Evidence in Aggravated DUI Cases
In aggravated DUI cases, the prosecution relies on various types of evidence to build its case. Common evidence includes:
- Chemical tests: Results from breath, blood, or urine tests are often used to demonstrate impairment. These tests must be conducted according to strict protocols to ensure accuracy.
- Field sobriety tests: Officers may cite poor performance on these tests as evidence of impairment, but external factors like weather conditions or medical issues can impact results.
- Crash scene reports: Documentation of the crash site, including vehicle damage and accident reconstruction, helps establish the cause and severity of the incident.
- Witness accounts: Statements from bystanders, passengers, or other drivers can provide additional context.
- Video footage: Dashcams or surveillance cameras near the scene may capture critical moments before and during the incident.
An experienced Chicago DUI defense attorney will meticulously review this evidence to identify errors, inconsistencies, or procedural violations that can be used in your defense.
Potential Legal Defenses
There are several defenses that can be employed in aggravated DUI cases. These include:
- Challenging the legality of the stop: If the traffic stop was conducted without reasonable suspicion, evidence collected afterward may be inadmissible.
- Questioning chemical test results: Improper calibration of breathalyzer machines or mishandling of blood samples can lead to inaccurate results.
- Establishing lack of causation: The prosecution must prove that the driver’s impairment directly caused the injuries, which can be contested if other factors contributed to the accident.
- Medical conditions or other explanations: Certain health conditions or medications can mimic signs of impairment.
The Importance of Legal Representation
Facing aggravated DUI charges without legal representation is risky. An experienced criminal defense attorney provides invaluable support, from negotiating with prosecutors to representing you in court. They will work to protect your rights, challenge the evidence, and advocate for the best possible outcome in your case.
Call Joliet DUI Defense Attorney David Freidberg For Your Free Consultation
If you or a loved one is facing aggravated DUI with death charges in Joliet, do not wait to seek legal representation. The Law Offices of David L. Freidberg offers skilled defense for DUI and related cases, with a proven track record of success. Contact us today for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Joliet, Chicago, Cook County, DuPage County, Will County, and Lake County, Illinois, and we’re here to fight for your rights and your future.
