Chicago Criminal Lawyer Blog
Fighting Aggravated DUI Charges with Great Bodily Harm in Naperville, Illinois
Naperville is a thriving city in the western suburbs of Chicago, known for its excellent schools, vibrant downtown, and community-oriented atmosphere. However, like any bustling area, Naperville faces its share of legal issues, including incidents involving impaired driving. Aggravated DUI with great bodily harm is one of the most serious DUI-related offenses in Illinois, and understanding how to address these charges is vital for anyone accused.
Illinois Law on Aggravated DUI with Great Bodily Harm
Under Illinois DUI law 625 ILCS 5/11-501(d), aggravated DUI with great bodily harm occurs when a driver operates a vehicle under the influence and causes significant injury to another person. The term “great bodily harm” refers to injuries that result in substantial physical impairment or necessitate prolonged medical treatment.
This offense is classified as a Class 4 felony but may carry enhanced penalties if additional aggravating factors are present, such as prior DUI convictions or driving without a valid license. If convicted, you could face:
- A prison sentence ranging from one to 12 years
- Significant fines
- Mandatory restitution to the victim for medical expenses and other damages
- Permanent revocation of driving privileges
- Required participation in alcohol or drug treatment programs
A conviction also results in a permanent criminal record, which can have long-term consequences for employment, housing, and other aspects of life. Given these severe penalties, mounting a strong legal defense is essential.
How Aggravated DUI Cases Are Investigated
In Naperville, law enforcement agencies thoroughly investigate aggravated DUI cases. The process often begins at the scene of the accident, where officers will document the incident, collect physical evidence, and take witness statements. Chemical tests, such as breathalyzer or blood tests, are commonly administered to determine the driver’s level of impairment.
Crash reconstruction experts may also analyze the scene to determine how the accident occurred. This analysis includes examining vehicle damage, skid marks, and road conditions. The prosecution uses these findings to build a case, arguing that the defendant’s impairment directly caused the injuries sustained by the victim.
An experienced Chicago DUI defense attorney can challenge this evidence, scrutinizing how it was collected, handled, and presented. For example, if chemical tests were improperly administered or if the chain of custody for evidence was broken, this could weaken the prosecution’s case.
Potential Defenses for Aggravated DUI
Several legal defenses can be employed to fight aggravated DUI charges, depending on the specifics of the case. One common strategy is to challenge the accuracy of chemical tests. Breathalyzer devices must be regularly calibrated and maintained to ensure accurate results, and any deviation from proper procedures can render the results inadmissible.
Another approach is to question whether the defendant’s impairment directly caused the injuries. The prosecution must establish a clear connection between the driver’s actions and the resulting harm. If other factors, such as another driver’s negligence or hazardous road conditions, contributed to the accident, this could weaken the case against the defendant.
Procedural errors during the arrest or investigation may also form the basis for a defense. For instance, if law enforcement violated the defendant’s constitutional rights by conducting an unlawful search or failing to establish probable cause for the traffic stop, any evidence obtained may be excluded from the case.
The Role of an Attorney in Aggravated DUI Cases
Facing aggravated DUI charges is a daunting experience, and the stakes are incredibly high. Having a skilled attorney by your side is critical to protecting your rights and achieving the best possible outcome. An experienced DUI defense attorney can:
- Analyze the evidence against you and identify weaknesses in the prosecution’s case
- File pretrial motions to suppress inadmissible evidence
- Negotiate with prosecutors for reduced charges or alternative sentencing options
- Represent you in court and advocate for your rights
At the Law Offices of David L. Freidberg, we understand the seriousness of aggravated DUI charges and are dedicated to providing personalized, aggressive representation for our clients. Our team has decades of experience handling complex DUI cases in Naperville and throughout Illinois.
Call Naperville DUI Attorney David Freidberg For A Free Consultation
If you or a loved one has been charged with aggravated DUI with great bodily harm in Naperville or anywhere in Cook County, contact the Law Offices of David L. Freidberg today. We offer a free consultation 24/7 to discuss your case and your options. Call us at (312) 560-7100 or toll-free at (800) 803-1442. We proudly serve clients in Naperville, Chicago, and surrounding counties, including Cook, DuPage, Will, and Lake. Let us provide the defense you deserve.
