DUI Leaving the Scene of an Accident Defense Attorney in DuPage County, Illinois

Understanding DUI Leaving the Scene of an Accident Charges in DuPage County

DuPage County is home to busy roads and highways, including Interstate 88, I-355, and Route 59, where law enforcement agencies are always on high alert for drivers who leave the scene of an accident while under the influence of alcohol or drugs. Being charged with DUI and fleeing the scene can result in serious legal consequences, including felony charges, mandatory jail time, and long-term license revocation.

Illinois law requires all drivers involved in an accident to stop, exchange information, and provide assistance if necessary. When alcohol or drugs are involved, some drivers panic and leave the scene to avoid DUI penalties, but doing so can make the situation significantly worse.

At The Law Offices of David L. Freidberg, we defend clients accused of DUI hit-and-run offenses in DuPage County. Our legal team understands the complexities of these charges and will fight to challenge the evidence, protect your rights, and work toward reducing or dismissing the charges against you.

Illinois Laws on DUI Leaving the Scene of an Accident

Illinois law treats DUI and leaving the scene of an accident as separate offenses, meaning defendants can face multiple charges for a single incident.

Under 625 ILCS 5/11-401, any driver involved in a crash that results in property damage, injury, or death is legally required to:

Stop at the scene or as close as possible.
Exchange personal and insurance information with the other party.
Notify law enforcement if injuries or fatalities occurred.

A driver who fails to comply with these requirements can face criminal penalties, including misdemeanor or felony charges.

A DUI arrest is governed under 625 ILCS 5/11-501, which prohibits driving under the influence of alcohol, drugs, or any intoxicating substance. A driver can be charged with DUI if they:

Have a BAC of 0.08% or higher.
Show impairment due to drugs, alcohol, or prescription medication.
Refuse to take a breathalyzer but fail field sobriety tests.

When DUI and leaving the scene of an accident are charged together, the penalties become significantly more severe.

Criminal Penalties for DUI and Leaving the Scene of an Accident

The penalties for DUI leaving the scene of an accident depend on the severity of the crash and whether injuries or fatalities occurred.

If the accident only caused property damage, leaving the scene is a Class A misdemeanor, punishable by:

Up to one year in jail.
Fines of up to $2,500.
Possible driver’s license suspension.

If the accident resulted in bodily injury, fleeing is a Class 4 felony, carrying:

1 to 3 years in prison.
Fines of up to $25,000.
Mandatory driver’s license revocation.

If the accident resulted in a fatality, leaving the scene is a Class 1 felony, punishable by:

4 to 15 years in prison.
Permanent license revocation.
A permanent felony record that affects employment and housing opportunities.

DUI penalties also apply separately, meaning that if a driver is convicted of DUI and leaving the scene of an accident, they could face consecutive jail sentences and extended license revocation periods.

How DUI Leaving the Scene of an Accident Cases Are Investigated

Law enforcement officers begin an immediate investigation after a driver leaves the scene of an accident. Evidence collection includes:

Eyewitness testimony from other drivers, pedestrians, or surveillance footage.
Security camera footage from traffic intersections and local businesses.
Forensic analysis of vehicle debris to match paint transfers and damages.
License plate tracking to locate the registered vehicle owner.

Once a suspect is identified, law enforcement issues an arrest warrant, or officers may visit the suspect’s residence to locate the vehicle and question the driver.

If arrested, the suspect will be booked, processed, and scheduled for a court hearing, where prosecutors will aggressively pursue felony DUI and hit-and-run charges.

Legal Defenses for DUI Leaving the Scene of an Accident

Several defenses can be used to fight DUI leaving the scene of an accident charges:

A lack of knowledge defense applies if the driver was unaware they were involved in an accident. This is often the case for low-impact crashes or when road conditions make it difficult to recognize minor collisions.

A mistaken identity defense is valid when law enforcement relies on unclear security footage or unreliable witness statements. Without concrete evidence proving who was behind the wheel, the case may be dismissed.

An illegal traffic stop can be challenged if police did not have reasonable suspicion to stop the driver. If the stop was unconstitutional, any evidence obtained after the stop could be suppressed in court.

Breathalyzer and chemical test accuracy can also be challenged. If officers failed to calibrate the breathalyzer properly or violated testing procedures, the DUI results may be inadmissible as evidence.

A medical emergency defense may apply if the driver left the scene due to an urgent situation, such as a medical crisis that required immediate attention.

An experienced DUI defense attorney will carefully examine every aspect of the case to challenge weak evidence and pursue case dismissal or charge reduction.

Why You Need a DUI Defense Attorney

Defending against DUI leaving the scene of an accident charges requires a strong legal strategy. Without an attorney, the court may impose maximum penalties, including felony charges, prison time, and permanent license revocation.

A DUI defense attorney will:

Challenge law enforcement evidence and procedural mistakes.
Negotiate plea agreements for lesser charges.
Fight for alternative sentencing options instead of jail time.

At The Law Offices of David L. Freidberg, we provide aggressive legal representation for clients accused of DUI and hit-and-run offenses.

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

A DUI leaving the scene of an accident conviction can have serious consequences, including felony charges, jail time, and permanent license revocation. Without proper legal defense, you could face years in prison and the end of your driving privileges.

A DUI conviction can result in license suspension, heavy fines, and even jail time. Don’t let a subjective police reportruin your future.

Call The Law Offices of David L. Freidberg Today

If you have been arrested for DUI without failing a breathalyzer, you need an aggressive defense strategy. The prosecution will rely on officer observations, but we will fight to challenge their claims and protect your rights.

If you are facing a DUI charge in DuPage County, you need an aggressive legal defense. Illinois prosecutors pursue these cases aggressively, and the penalties for a conviction can be devastating. An aggressive defense can mean the difference between a conviction and a dismissal or reduced charge.

The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated manslaughter in DuPage 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 DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.