Chicago Criminal Lawyer Blog
Chicago is home to millions of residents and visitors, making its roads some of the busiest in the country. With heavy traffic and strict law enforcement, DUI laws in Illinois are aggressively prosecuted, especially when a DUI results in a fatal accident. Aggravated DUI causing death is one of the most serious criminal charges a person can face in Illinois, carrying severe legal and personal consequences. If convicted, the penalties can include significant prison time, substantial fines, and a permanent criminal record. Understanding how Illinois law applies to these cases is essential for anyone facing such charges.
Under Illinois law, an aggravated DUI involving a fatality is classified as a felony offense. The state follows a strict sentencing structure that mandates severe consequences. According to 625 ILCS 5/11-501(d)(1)(F), a person is guilty of aggravated DUI causing death if they operate a vehicle while impaired and cause the death of another individual. This charge is classified as a Class 2 felony. However, due to the nature of the crime, sentencing guidelines require a minimum term of three years in prison, with a maximum sentence of 14 years if one person was killed. If multiple fatalities occurred, the maximum sentence increases to 28 years.
Aggravated DUI causing death is not eligible for probation, meaning a conviction almost always results in a prison sentence. The court also considers aggravating factors, such as prior DUI offenses, reckless driving, or an excessively high blood alcohol concentration (BAC). If the defendant had a BAC of 0.16% or higher, additional penalties may apply, including longer incarceration and steeper fines. In addition to prison time, a conviction leads to long-term consequences, such as license revocation, mandatory alcohol education programs, and civil liability for damages.
