What Happens When a DUI Results in a Fatal Crash?

A Naperville man is facing DUI charges in connection with a fatal car crash. He and his family had been enjoying their summer at a friend’s barbecue earlier that day. He had a few drinks over the course of the hot afternoon, but his wife had even more. When it came time to head home, he volunteered to drive.

On the way home, the man lost control of his vehicle and rear ended a car on the highway. This led to a multi-car pileup that tied up traffic for hours. Luckily, the man and his family suffered only minor injuries in the crash, but the driver of the car he rear-ended was not as fortunate. His car caught on fire due to the multiple impacts, and he died at the scene of the crash.

What started out as a beautiful summer day ended in tragedy for many. The Naperville man was arrested and charged with aggravated DUI causing death — a very serious crime in Illinois.

Aggravated DUI Causing Death Charges in Illinois

Facing any DUI charge is extremely stressful. However, facing a charge of aggravated DUI with death or great bodily harm is extremely serious. If you are convicted, you face a jail sentence of up to 28 years. Drivers can face aggravated DUI charges if they cause a car accident while intoxicated which resulted in the death of one or more people.

In order to secure a conviction, the prosecutor will need to prove that the defendant’s drunk-driving was the “proximate cause” of the injury or death of another person. In other words, the prosecutor needs to prove that the victim’s death or injuries were directly caused by the defendant’s driving while intoxicated.

The Penalties for an Aggravated DUI

In Illinois, an aggravated DUI charge is a class 4 felony. The repercussions of being convicted of a DUI that led to death or serious bodily harm can be incredibly devastating. If your car accident caused permanent disability or bodily harm to another person, you can face a jail sentence of up to 14 years. If someone died as a result of the accident, you will face the following penalties:

When one person was killed, a conviction carries a jail sentence between three and 14 years
If two or more people were killed, a conviction carries a jail sentence between six and 28 years

Defenses to Aggravated DUI Charges in Illinois

Simply being intoxicated and getting into a car accident is not enough to be convicted of aggravated DUI. Prosecutors will need to prove that your ingestion of alcohol was the proximate cause of the victim’s death. When the victim is also at fault for causing the car accident, a defendant may benefit from presenting evidence of the victim’s negligence.

If law enforcement officers violated a defendant’s constitutional rights during or after a DUI arrest, that may also be a solid foundation upon which to build a defense.

Contact Our Aggravated DUI Lawyers Today

If you are facing an aggravated DUI, the best thing you can do is to contact a lawyer as soon as possible. When you need an attorney, experience matters. Contact the Schaumburg DUI defense lawyers of Glasgow & Olsson today to schedule your initial consultation.

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