Aggravated DUI With Death in Illinois: The Harsh Penalties

In Illinois, a charge of driving under the influence is a serious offense. However, when a motor vehicle accident resulting from a DUI causes a death, the consequences are life-altering. In these cases, the offense is known as an aggravated DUI with death, and the legal penalties are among the harshest under Illinois criminal law. The path forward for someone facing such a charge is incredibly difficult, and the need for immediate legal representation is critical.

Feeling lost and scared after a serious DUI charge? We understand. A conviction for aggravated DUI with death can lead to a long time in prison, huge fines, and a lifetime loss of your driver’s license. You need a fearless criminal attorney on your side who knows how to fight for you.

Do not face this alone. Get the legal help you need today. Contact us for a free and confidential consultation.

The Crime of Aggravated DUI Causing Death

The charges of aggravated DUI death can sometimes be referred to as DUI Murder, however in a DUI death case, you do not need specific intent to commit the act ask required in a murder charge. For aggravated DUI death the prosecutors merely need to prove that you were under the influence and you’re intoxicated driving was the proximate cause of another’s Death. Whether you intended for someone to pass away is not relevant for the charges (unlike Murder).

An aggravated DUI with death charge is not a simple DUI offense; it is a felony DUI, and it falls under a specific section of Illinois law. The relevant statute, 625 ILCS 5/11-501, outlines how a standard DUI offense becomes an aggravated DUI. Specifically, 625 ILCS 5/11-501(d)(1)(F) states that if a person commits a DUI and is involved in a motor vehicle accident that results in the death of another person, the violation of the DUI statute must be the “proximate cause” of the death.

This means that the prosecution must prove a direct link between the act of drinking and driving and the fatality. The fact that an individual was under the influence of alcohol or drugs, with a blood alcohol concentration (BAC) of 0.08 or more, is considered reckless behavior that led to the crash. In cases where the death resulted from a motor vehicle crash, a person can also be charged with reckless homicide under 720 ILCS 5/9-3. These charges often go hand-in-hand.

Related: Illinois DUI Laws

Understanding the Legal and Civil Ramifications

When a defendant is charged with an aggravated DUI with death, they face both criminal and civil repercussions. The criminal charges are brought by the state and can lead to a prison sentence. Meanwhile, the family of the deceased can file a wrongful death lawsuit in civil court to seek compensation for damages. These damages can include funeral and burial expenses, medical costs, and loss of future income.

In criminal court, the prosecution will rely on evidence such as chemical testing of the bodily substance, blood test results, and field sobriety test results. They may also use body cam video, accident reconstruction reports, and witness statements. A strong defense strategy is essential to challenge this evidence, as machine limitations and human error can affect the accuracy of blood alcohol content results.

The stakes are high. Not only is there a risk of a lengthy prison sentence, but an aggravated DUI conviction results in a permanent criminal record that can affect future employment, housing, and other aspects of life.

Navigating the Harsh Penalties in Illinois

The penalties for an aggravated DUI causing death in Illinois are severe and unforgiving. The offense is classified as a Class 2 felony, which carries a potential prison sentence of 3 to 14 years in the Illinois State Prison.

Aggravated DUI death charges are not eligible for probation unless the defense can show extraordinary circumstances that warrant probation. It’s extremely important to start working on mitigation from the very beginning of the charges to convince a judge that you should be considered eligible for probation.

Furthermore, if you are sentence to a prison term, the sentence is require to be served at 85% meaning that you do not get day for day credit.

In addition to the extensive jail time, a conviction will also lead to other significant consequences:

• License Revocation: A conviction for aggravated DUI with death will result in the permanent revocation of the defendant’s driving privileges.
• Fines: The court can impose fines of up to $25,000.
• Mandatory Supervised Release: Upon release from prison, the defendant will be required to serve a period of mandatory supervised release.

Counties across Illinois, from Cook County and DuPage County to Lake County and beyond, enforce these laws with great severity. The Illinois Supreme Court has upheld the strict application of these sentencing provisions.

Related: Underage DUI Penalties

Defending Against an Aggravated DUI Charge

Even when the facts of a case seem overwhelming, there are still defense strategies that a skilled criminal defense attorney can pursue. The goal is to cast doubt on the prosecution’s case.

Potential defenses include:

• Challenging the Traffic Stop: Was there probable cause for the initial traffic stop? If a defendant’s Fourth Amendment rights were violated, any evidence collected afterward could be suppressed.
• Questioning Chemical Testing: Were the field tests, blood tests, or chemical testing procedures followed correctly? Factors like a contaminated blood sample or improperly calibrated equipment can make test results unreliable.
• Disputing Causation: The defense can argue that the DUI was not the proximate cause of the death. For example, if another driver was at fault or if mechanical failure contributed to the motor vehicle crash.
• Presenting an Expert Witness: A DUI defense team may use expert witnesses to challenge the prosecution’s evidence regarding blood alcohol concentration, accident reconstruction, or the validity of sobriety tests.

The Path to Legal Representation

Facing an aggravated DUI with death charge is one of the most frightening and difficult situations a person can endure. The complexities of Illinois criminal law, the potential for a lengthy prison sentence, and the permanent impact on your life demand the guidance of a knowledgeable criminal defense lawyer.

A criminal defense attorney can help you understand your rights, build a robust defense, and, if a conviction is unavoidable, work to minimize the severe penalties. The consequences of drinking and driving are devastating, but the fight for your future is not over.

Do not wait. Contact our Illinois DUI attorneys today to discuss your options.