Elgin DUI with Bodily Injury Defense Attorney

Understanding Aggravated DUI with Great Bodily Harm in Elgin, Illinois

Elgin, Illinois, situated along the Fox River, is a city rich in history and culture. With its diverse population and thriving local economy, Elgin offers residents a high quality of life. However, like many cities, Elgin also experiences legal challenges, including DUI-related offenses. Among the most severe is an Aggravated DUI with Great Bodily Harm, a charge that carries life-changing consequences. If you are facing this serious allegation, understanding the laws and building a strong defense are essential.

Aggravated DUI and Illinois Law

In Illinois, DUI offenses are outlined under 625 ILCS 5/11-501, which prohibits operating a vehicle while under the influence of alcohol, drugs, or a combination thereof. A DUI becomes aggravated when certain factors elevate the seriousness of the offense. Great Bodily Harm is one of those aggravating factors and refers to substantial physical injuries caused to another individual as a result of a DUI-related crash.

Aggravated DUI with Great Bodily Harm is classified as a Class 4 felony under Illinois law. However, depending on the severity of the injuries and the circumstances surrounding the crash, the charge can escalate to a higher felony classification, such as a Class 2 felony.

Penalties for Aggravated DUI with Great Bodily Harm

The penalties for an Aggravated DUI conviction in Illinois are severe and include:

Prison sentences ranging from 1 to 12 years, depending on the felony class and the number of victims harmed.
Fines of up to $25,000, in addition to court costs and mandatory restitution to victims.
Revocation of driving privileges for a minimum of two years, with the possibility of permanent revocation for repeat offenders.
Mandatory completion of a substance abuse evaluation and participation in treatment programs as part of sentencing.

Beyond these immediate penalties, an Aggravated DUI conviction will remain on your permanent criminal record. This can have lasting effects on employment opportunities, housing, and personal relationships.

How Criminal Cases Begin in Illinois

An Aggravated DUI case typically begins at the scene of a serious accident. Law enforcement officers will investigate to determine whether impairment played a role in the crash. This often involves administering field sobriety tests, chemical tests like breath or blood tests, and interviewing witnesses. If probable cause exists, the driver may be arrested and charged.

After an arrest, the case enters the court system. The prosecution will gather evidence, including medical records of the injured party, accident reconstruction reports, and chemical test results, to build its case. It is at this stage that having a skilled defense attorney becomes crucial.

The Criminal Trial Process in Elgin, Illinois

Once charges are filed, the case progresses through several stages. At the arraignment, the charges are formally read, and the defendant has the opportunity to plead guilty or not guilty. If the case proceeds, the pretrial phase allows both sides to exchange evidence and file motions. Your attorney may challenge the admissibility of evidence, such as chemical test results, during this phase.

If the case goes to trial, the prosecution must prove every element of the charge beyond a reasonable doubt. This includes demonstrating that the defendant was impaired and that their impairment directly caused the accident resulting in great bodily harm. The defense may introduce evidence or testimony to challenge these claims, aiming to create reasonable doubt or show mitigating circumstances.

Types of Evidence Collected in DUI Cases

In Aggravated DUI cases, law enforcement relies on various types of evidence, including:

Chemical test results to establish BAC or the presence of drugs.
Witness statements from individuals at the scene or involved in the crash.
Video footage from dashcams, bodycams, or nearby surveillance cameras.
Accident reconstruction reports to determine how the collision occurred and whether impairment was a factor.

An experienced attorney will thoroughly examine this evidence to identify flaws, procedural errors, or inconsistencies that could weaken the prosecution’s case.

Legal Defenses for Aggravated DUI with Great Bodily Harm

Defending against an Aggravated DUI charge requires a comprehensive approach tailored to the specifics of your case. Common defenses include:

Challenging chemical test results: Breathalyzers and blood tests can yield inaccurate results due to improper calibration, contamination, or procedural errors.
Disputing causation: The prosecution must prove that impairment caused the crash. If other factors, such as another driver’s negligence or road conditions, contributed to the accident, this may weaken their case.
Procedural violations: If law enforcement violated your rights during the arrest or failed to follow proper protocol, the evidence collected may be inadmissible in court.

Why You Need an Attorney for Aggravated DUI Charges

Aggravated DUI with Great Bodily Harm is one of the most serious DUI offenses under Illinois law. Attempting to handle such a case without legal representation is a significant risk. A skilled criminal defense attorney can:

Review the evidence and identify weaknesses in the prosecution’s case.
File motions to suppress improperly obtained evidence.
Negotiate with prosecutors to seek reduced charges or alternative sentencing options.
Provide aggressive representation at trial to secure the best possible outcome.

Call Us For Your Free Consultation

If you’re facing an aggravated DUI charge in Elgin, 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 in Elgin, and 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.