Facing Aggravated DUI with Death Charges in Chicago, Illinois?

Understanding Your Defense Options

Chicago, Illinois, is a bustling metropolis known for its rich history, cultural diversity, and iconic skyline. While the city offers countless opportunities and experiences, it also sees its share of serious criminal cases, including aggravated DUI with death charges. Facing such a charge in Chicago is daunting, as the penalties are severe, and the legal process is complex. The Law Offices of David L. Freidberg is dedicated to providing experienced legal defense for those facing aggravated DUI with death charges in Chicago and across Illinois.

Illinois Law on Aggravated DUI with Death

In Illinois, driving under the influence of alcohol or drugs is a serious offense with severe consequences, especially when it leads to a fatality. According to 625 ILCS 5/11-501, any driver with a blood alcohol concentration (BAC) of 0.08% or more is considered under the influence. Illinois law categorizes aggravated DUI as a Class 2 felony if it results in the death of another person. If convicted, penalties range from three to fourteen years in prison for one fatality, with the sentence extending to six to twenty-eight years if multiple deaths occur.

Aggravated DUI with death also falls under Illinois’ violent crime statutes, meaning individuals convicted of this offense face substantial imprisonment, high fines, and other penalties that can alter the course of their lives permanently. A conviction leaves a permanent mark on one’s criminal record, impacting employment, housing, and social opportunities for years to come.

The Process of an Aggravated DUI with Death Case in Illinois

The legal process for aggravated DUI with death cases typically begins with the police investigation, which is initiated at the scene of the crash. Law enforcement will gather evidence, including chemical tests, witness statements, and possibly accident reconstruction reports. If a driver is suspected of DUI, they may be asked to submit to breathalyzer or blood tests to determine BAC. Refusal to submit can result in license suspension and may lead to additional legal complications.

Following an arrest, the accused is taken into custody and may be required to post bail. After being charged, the defendant will attend an arraignment where they enter a plea. If the case proceeds to trial, both sides engage in discovery, a process where they exchange evidence and prepare their arguments. At trial, the prosecution is tasked with proving that the defendant was impaired and that this impairment directly caused the fatal accident. If the evidence supports the charges, a conviction leads to sentencing, with penalties determined by factors such as prior offenses and the specific circumstances surrounding the incident.

Types of Evidence Collected in Aggravated DUI with Death Cases

Aggravated DUI cases often involve multiple types of evidence that law enforcement gathers to support the charges. Common types of evidence include:

Chemical Tests: Breath, blood, or urine tests are conducted to measure the driver’s BAC. The accuracy and validity of these tests can be questioned, especially if the testing equipment was not calibrated correctly or if the sample was mishandled.
Field Sobriety Tests: Officers may conduct field sobriety tests at the scene to observe signs of impairment. However, these tests are often subjective and can be influenced by factors such as lighting, weather, or the individual’s medical conditions.
Eyewitness Statements: Witnesses present at the scene of the accident may provide accounts of what they saw, including any erratic driving behavior. While helpful, witness statements are not always reliable, as memory can be influenced by stress and shock.
Accident Reconstruction: For more complex cases, law enforcement may employ accident reconstruction experts to determine how the collision occurred and establish causation. However, accident reconstruction is not always exact, and there may be other factors contributing to the crash that are overlooked.

This evidence plays a crucial role in shaping the case against the defendant, but a skilled defense attorney can evaluate the reliability of each piece and challenge any inconsistencies or procedural errors.

Defending Against Aggravated DUI with Death Charges

Facing an aggravated DUI with death charge is challenging, but several defense strategies can be employed. Some common defenses include:

Challenging the Accuracy of Chemical Tests: Chemical testing is not always flawless, and factors like poor calibration or contamination can produce inaccurate results. An attorney may challenge the BAC test results if there are issues with how the test was conducted or handled.
Arguing Against Causation: The prosecution must prove that the defendant’s impairment was the direct cause of the accident. If other factors contributed to the crash, such as hazardous road conditions or another driver’s behavior, this could be a viable defense.
Procedural Violations by Law Enforcement: If law enforcement officers failed to follow proper procedures, such as failing to administer Miranda rights or mishandling evidence, the defense may file motions to suppress this evidence.
Medical Conditions: Certain medical conditions can affect breathalyzer results or mimic impairment. Conditions like diabetes, acid reflux, or neurological issues may explain erratic driving or the appearance of impairment without intoxication.

Each defense strategy depends on the case’s unique details, and an experienced attorney can assess which approach may be most effective for the defendant.

The Importance of Hiring an Experienced Defense Attorney

Defending against an aggravated DUI with death charge requires a deep understanding of Illinois DUI laws, evidence analysis, and courtroom strategy. The stakes in these cases are high, and having an experienced defense attorney is crucial for protecting one’s rights and building a solid defense. The Law Offices of David L. Freidberg offers comprehensive defense services for individuals facing aggravated DUI charges, ensuring that each case is handled with thorough investigation, aggressive defense, and compassionate support.

Call Chicago DUI Defense Attorney David Freidberg For Your Free Consultation

If you or a loved one is facing aggravated DUI with death charges in Chicago, do not wait to seek legal representation. The Law Offices of David L. Freidberg offers skilled defense for DUI and related cases, with a proven track record of success. Contact us today for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Chicago, Cook County, DuPage County, Will County, and Lake County, Illinois, and we’re here to fight for your rights and your future.