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DUI Charges Become More Serious When Death or Bodily Injury is Involved

 Posted on February 26, 2019 in Uncategorized

When you decide to get behind the wheel after you have been drinking, it is a losing situation for everyone involved. Most DUI charges will end up being a misdemeanor, albeit a very serious misdemeanor, but if you were charged with a DUI and a death resulted from that DUI, your charges will automatically be increased to felony charges. You could also face other charges such as reckless homicide. What you think is a tragic accident, Illinois courts may see as a preventable crime and you could be punished accordingly. Considerations change when a death or great bodily harm results from a DUI case.

Illinois Man Receives 15 Years in Prison for Aggravated DUI Charges

When a DUI crash involves death or great bodily harm, the charge is classified as an aggravated DUI, which is a felony charge. A Lake County man was recently sentenced to 15 years in state prison for a DUI crash that killed an Arizona woman who was visiting family for Thanksgiving in 2017. The man, whose BAC that night was .30, was facing up to 27 years in prison, but because of a negotiated plea deal, was able to negotiate the sentence to 15 years for charges of aggravated DUI and failing to report a crash. The man was also charged with reckless homicide but was able to have those charges dropped as a part of the plea deal.

Illinois Aggravated DUI Laws

Any DUI charge that results in felony classification is considered an aggravated DUI. You can be charged with an aggravated DUI for more than just a DUI resulting in a death. Aggravated DUI charges can include:

  • A third or subsequent DUI;
  • A DUI resulting in bodily harm or permanent disability or disfigurement;
  • DUI committed without a valid driver’s license; and
  • A second or subsequent DUI committed while transporting a child under the age of 16.

A DUI resulting in the death of another person is a Class 2 felony which carries a possible prison sentence of three to seven years, a two-year driver’s license revocation and fines up to $25,000. A DUI resulting in the death of another person can also result in reckless homicide charges, which carry a mandatory minimum sentence of two years in prison.

A Will County Aggravated DUI Defense Attorney is Your Best Option

It is considered a tragic event for all involved when a DUI case results in a death or great bodily injury. Not only has a person lost their life or been permanently injured, but the person who committed the DUI has to live with the fact that they caused that death or injury for the rest of their life, not to mention the legal ramifications. Aggravated DUI charges are no joke; you need help from an experienced Joliet aggravated DUI defense lawyer. The Law Offices of Jack L. Zaremba, P.C. has dealt with many of these cases and will be by your side every step of the way during your defense process. Call the office at 815-740-4025 to schedule a free consultation.

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