Aggravated DUI with Great Bodily Harm Defense Lawyer in Arlington Heights, Illinois

Facing Aggravated DUI with Great Bodily Harm in Arlington Heights, Illinois

Arlington Heights, a vibrant suburb in Cook County, Illinois, offers a blend of suburban charm and urban access. Known for its historic downtown and thriving community, it is a sought-after place to live. However, Arlington Heights, like any other area, witnesses its share of legal challenges, including severe DUI cases. One of the most serious charges an individual can face is an aggravated DUI with great bodily harm. This charge carries life-altering consequences and requires immediate legal attention.

What is Aggravated DUI with Great Bodily Harm in Illinois?

Illinois defines driving under the influence under 625 ILCS 5/11-501, which criminalizes operating a motor vehicle while impaired by alcohol, drugs, or intoxicating substances. When a DUI results in significant injury to another person, the charge escalates to an aggravated DUI, a felony-level offense with severe penalties.

Aggravated DUI with great bodily harm typically applies when:

The accident caused substantial injuries requiring hospitalization.
The injuries create long-term impairment or disability.
The driver’s actions are directly linked to the harm caused.

This offense is classified as a Class 4 felony but may be elevated based on aggravating factors such as multiple victims or prior DUI convictions.

Penalties for Aggravated DUI with Great Bodily Harm

A conviction for this serious crime can lead to severe consequences. The penalties include:

A mandatory prison sentence ranging from one to twelve years.
Fines of up to $25,000, including restitution to the victims.
Permanent revocation of driving privileges in certain cases.
Mandatory community service and attendance in alcohol or drug treatment programs.

A felony conviction remains on your record indefinitely, affecting future employment, housing opportunities, and professional licensing. Repeat offenses or cases involving multiple injured victims can result in harsher sentences, including extended prison terms.

How Criminal Cases Begin in Arlington Heights

The criminal process for an aggravated DUI with great bodily harm typically starts with the arrest. Arlington Heights law enforcement officers actively patrol the roads for signs of impaired driving. If an officer observes erratic behavior, they may conduct a traffic stop, often followed by field sobriety tests or chemical tests like a breathalyzer.

If the driver fails these tests or refuses them altogether, they will likely be arrested and taken into custody. In cases involving accidents, officers will investigate the scene, gather witness statements, and document the injuries before making an arrest. Once charges are filed, the case progresses through the Cook County criminal justice system.

Criminal Trial Process for Aggravated DUI Charges

After the arrest, the accused is brought before a judge for an arraignment, where they are formally charged and asked to enter a plea. The case then moves to the discovery phase, where both the defense and prosecution exchange evidence. This is a critical time for your attorney to challenge the validity of the evidence and identify weaknesses in the prosecution’s case.

If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant:

Was impaired while operating the vehicle.
Directly caused the accident that resulted in great bodily harm.

The defense will present counterarguments, challenge evidence such as the accuracy of chemical tests, and highlight external factors like poor road conditions that may have contributed to the accident.

Evidence Collected in Aggravated DUI Cases

Evidence plays a central role in aggravated DUI cases. Law enforcement typically gathers:

Chemical test results to establish impairment levels.
Field sobriety test results, which may include officer observations of balance and coordination.
Accident scene evidence, such as skid marks, vehicle damage, and debris.
Witness statements, including accounts from other drivers, passengers, or bystanders.
Medical records documenting the severity of the victim’s injuries.

Your defense attorney will meticulously review this evidence to identify errors, inconsistencies, or procedural violations that could lead to a dismissal or reduction of charges.

Legal Defenses for Aggravated DUI Charges

Several defenses can be employed in aggravated DUI cases, depending on the circumstances. These defenses include:

Challenging the accuracy of chemical or field sobriety tests.
Arguing that the injuries were not caused directly by the defendant’s actions.
Highlighting procedural errors during the arrest or evidence collection process.

Why You Need a Criminal Defense Attorney

The complexity and high stakes of an aggravated DUI with great bodily harm charge make having a criminal defense attorney essential. An attorney can:

Analyze the evidence and identify weaknesses in the prosecution’s case.
Negotiate plea deals to reduce charges or penalties.
Represent you in court, ensuring your rights are protected at every stage.

The Law Offices of David L. Freidberg provides aggressive and experienced representation for individuals facing aggravated DUI charges in Arlington Heights and beyond.

Call Us For Your Free Consultation

If you’re facing an aggravated DUI charge in Arlington Heights, don’t leave your future to chance. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.