Will County DUI Leaving the Scene of an Accident Defense Attorney

Understanding DUI Leaving the Scene of an Accident in Will County

Will County, Illinois, is home to cities such as Joliet, Bolingbrook, Plainfield, and Romeoville, where law enforcement takes DUI and hit-and-run offenses very seriously. When a driver is involved in an accident while under the influence of alcohol or drugs and leaves the scene, they face severe legal consequences under Illinois law. A charge for DUI leaving the scene of an accident is not only a violation of 625 ILCS 5/11-401 but also a potential felony offense if injuries or fatalities are involved.

Illinois law requires all drivers involved in an accident to remain at the scene, exchange information, and assist any injured parties. However, many people panic and leave the scene out of fear of being arrested for DUI. While understandable, leaving the scene escalates the charge and increases the risk of harsher penalties, including long-term license revocation, steep fines, and even prison time.

If you are facing DUI leaving the scene of an accident charges in Will County, the prosecution will aggressively pursue a conviction. At The Law Offices of David L. Freidberg, we fight for our clients, ensuring that they receive a strong defense, fair treatment, and the best possible outcome.

Illinois Laws and Penalties for DUI Leaving the Scene of an Accident

Under 625 ILCS 5/11-401, any driver involved in an accident resulting in property damage, injury, or death is required by law to:

• Stop immediately at the scene of the accident.
• Exchange contact and insurance information with the other parties involved.
• Provide reasonable assistance to injured individuals, including calling for medical help.

Failing to comply with these legal obligations results in serious criminal charges.

Penalties for Leaving the Scene of an Accident (Without DUI Involvement)

• Property Damage Only: Leaving the scene of an accident involving only property damage is a Class A misdemeanor, punishable by up to one year in jail and fines of up to $2,500.
• Accident Involving Injuries: If the accident causes bodily harm, fleeing the scene is a Class 4 felony, carrying 1 to 3 years in prison and fines of up to $25,000.
• Accident Resulting in Death: If a driver leaves the scene of an accident that results in a fatality, they face Class 1 felony charges, with a prison sentence of 4 to 15 years.

Penalties for DUI Leaving the Scene of an Accident

If a driver leaves the scene of an accident while under the influence of alcohol or drugs, the charges become far more serious. Illinois law treats DUI hit-and-run as an aggravated offense, meaning harsher penalties apply, including:

• DUI With Property Damage: Class A misdemeanor, up to 1 year in jail, fines up to $2,500, and potential license suspension.
• DUI With Injuries: Class 2 felony, carrying 3 to 7 years in prison and fines up to $25,000.
• DUI With Fatality: Class 1 felony, punishable by 4 to 15 years in prison, with a mandatory driver’s license revocation.

A DUI conviction also triggers an automatic license suspension through the Illinois Secretary of State, making it difficult for the accused to legally drive again.

How DUI Leaving the Scene of an Accident Cases Begin and Are Investigated

When law enforcement responds to an accident and finds that one party has fled, they immediately begin an investigation. Officers may:

• Speak to witnesses to obtain descriptions of the vehicle and driver.
• Examine security camera footage from businesses or traffic cameras near the accident scene.
• Analyze vehicle debris left behind to match it to the suspect’s car.
• Track license plate records if a partial plate number is available.

Once police identify a suspect, they may:

• Issue an arrest warrant if the driver cannot be located immediately.
• Attempt to contact the driver and request their voluntary surrender.
• Investigate whether the driver was under the influence at the time of the accident.

If a driver turns themselves in, this does not automatically prevent prosecution, but it may be a mitigating factor in sentencing. The sooner an attorney intervenes in the case, the stronger the defense strategy can be.

Potential Defenses Against DUI Leaving the Scene of an Accident

Fighting a DUI hit-and-run charge requires a strong defense strategy. Prosecutors must prove beyond a reasonable doubt that the accused was both driving under the influence and knowingly fled the scene. Possible defenses include:

• Lack of Knowledge: If the driver was unaware that an accident occurred, they cannot be held liable for knowingly fleeing the scene.
• Mistaken Identity: If the prosecution cannot prove that the accused was driving, the charges may be dismissed.
• Necessity or Emergency: A driver may have left the scene for safety reasons, such as seeking medical attention or avoiding an immediate threat.
• Faulty DUI Evidence: If the DUI charge is based on unreliable breathalyzer results, faulty field sobriety tests, or improper police procedures, the DUI portion of the case may be dismissed.

Every case is unique, and an attorney will tailor the best defense strategy based on the facts and evidence presented.

Why You Need a DUI Defense Attorney for a Leaving the Scene Charge

A conviction for DUI leaving the scene of an accident carries long-term consequences, including prison time, permanent license revocation, and a felony criminal record. Without a strong defense, the court may impose the maximum penalties, which can impact employment, housing, and personal freedoms.

An experienced defense attorney can:

• Challenge weak evidence and argue for dismissal or reduction of charges.
• Negotiate with prosecutors for a favorable plea deal.
• Identify flaws in the investigation, such as lack of probable cause or improperly conducted sobriety tests.
• Represent clients in both criminal court and administrative license suspension hearings.

At The Law Offices of David L. Freidberg, we aggressively fight for our clients, ensuring they receive a fair trial and the best possible defense.

Call The Law Offices of David L. Freidberg for DUI Hit-and-Run Defense in Will County

If you are facing DUI leaving the scene of an accident charges in Will County, you need an experienced criminal defense attorney to protect your rights. Illinois prosecutors aggressively pursue hit-and-run DUI cases, and the consequences of a conviction can be devastating.

Call The Law Offices of David L. Freidberg today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We are available 24/7 to discuss your case and build a strong defense strategy.

Call the Law Offices of David L. Freidberg for DUI Defense

If you or a loved one is facing DUI charges, you need legal representation immediately. A conviction could result in years of imprisonment, permanent loss of driving privileges, and a criminal record that affects every aspect of your life.

The Law Offices of David L. Freidberg provides aggressive defense for clients in Will County and throughout Illinois. We are available 24/7 for a free consultation to discuss your case and develop a defense strategy.

If you are facing DUI Leaving the Scene of an Accident charges in Will County, time is critical. The prosecution is already building a case against you, and you need an attorney who will fight for your rights. The Law Offices of David L. Freidberg has decades of experience defending clients against serious criminal charges.

The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of DUI Leaving the Scene of an Accident in Will County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in Will County, DuPage County, Cook County, Lake County, and the greater Chicago area.