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Joliet DUI with Great Bodily Harm Defense Lawyer
Aggravated DUI with Great Bodily Harm in Joliet, Illinois
Joliet, a vibrant city located in Will County, Illinois, is known for its rich cultural heritage and growing suburban appeal. Situated just southwest of Chicago, Joliet offers residents a blend of historic charm and modern amenities. However, like any city, Joliet has its share of legal challenges, including serious DUI offenses. Aggravated DUI with great bodily harm is one of the most severe DUI charges a person can face, with life-changing legal, financial, and personal consequences. At The Law Offices of David L. Freidberg, we are dedicated to protecting the rights of individuals accused of such offenses, providing experienced legal representation to clients in Joliet and across Will County.
Illinois Criminal Law and Aggravated DUI
Illinois takes DUI offenses seriously, and the penalties become significantly harsher when the DUI results in great bodily harm, permanent disability, or disfigurement to another person. This specific offense is classified as an aggravated DUI, as outlined in 625 ILCS 5/11-501. Unlike standard DUI charges, an aggravated DUI is always treated as a felony in Illinois, with the severity of the penalties depending on the circumstances of the offense and the defendant’s criminal history.
An aggravated DUI with great bodily harm is typically charged as a Class 4 felony, carrying penalties that include:
- A prison sentence ranging from one to twelve years. If the offense involves multiple victims, the court may impose consecutive sentences.
- Fines of up to $25,000, along with mandatory court costs.
- A mandatory two-year revocation of driving privileges, with additional restrictions upon reinstatement.
- Completion of a mandatory alcohol and substance abuse evaluation, as well as potential rehabilitation programs.
These penalties increase if the driver has prior DUI convictions, was driving without a valid license, or committed the offense while transporting a minor.
How Criminal Cases Begin in Illinois
Criminal cases, including those involving aggravated DUI with great bodily harm, typically begin with an arrest. In Joliet, local law enforcement or Illinois State Police officers may initiate a traffic stop based on observed erratic driving behavior, such as swerving or speeding. If the officer suspects the driver is impaired, they may administer field sobriety tests or request a chemical test, such as a breathalyzer.
If a crash has occurred and results in injuries to another person, the investigation often becomes more intense. Officers will document the scene, collect physical evidence, and interview witnesses. If the driver is suspected of being under the influence, they will be arrested and taken into custody. After the arrest, the formal charging process begins, where the prosecutor evaluates the evidence and determines the appropriate charges.
The Criminal Trial Defense Process in Illinois
In Illinois, the criminal trial process involves several key stages. After the arrest and booking process, the defendant attends an arraignment, where they enter a plea of guilty, not guilty, or no contest. Once the case proceeds, the discovery phase begins, during which both the prosecution and defense exchange evidence. This phase is crucial, as it allows the defense attorney to assess the strengths and weaknesses of the case.
Pretrial motions may follow, such as motions to suppress evidence if law enforcement violated the defendant’s rights during the arrest or investigation. If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant was under the influence and that their actions directly caused the great bodily harm.
If convicted, the sentencing phase determines the penalties, which can include prison time, fines, probation, or other court-mandated requirements. A strong defense attorney plays a critical role throughout this process, advocating for the best possible outcome.
Evidence Collected in Aggravated DUI Cases
In cases of aggravated DUI with great bodily harm, law enforcement collects various types of evidence to support the charges. This evidence can include:
- Chemical test results, such as BAC levels obtained through breath, blood, or urine tests.
- Field sobriety test performance, which may include observations of balance, coordination, or the ability to follow instructions.
- Crash scene documentation, including photographs, vehicle damage assessments, and accident reconstruction reports.
- Witness statements, including accounts from passengers, other drivers, and bystanders.
- Surveillance footage from nearby businesses or traffic cameras that may capture the incident.
- Medical records detailing the injuries sustained by the victim.
An experienced attorney can challenge the validity and admissibility of this evidence, particularly if it was obtained improperly or does not conclusively prove the prosecution’s claims.
Why You Need a Defense Attorney for Aggravated DUI Charges
Defending against an aggravated DUI charge without legal representation is highly risky. The stakes are extraordinarily high, with the potential for a felony conviction, lengthy prison sentence, and permanent damage to your reputation and future opportunities. A skilled defense attorney provides critical support by:
- Investigating the circumstances of the arrest and gathering evidence to challenge the prosecution’s case.
- Identifying procedural errors or violations of your rights, such as improper administration of chemical tests or lack of probable cause for the traffic stop.
- Negotiating with prosecutors for reduced charges or alternative sentencing options, such as probation or participation in a treatment program.
- Representing you in court, ensuring your side of the story is heard and advocating for the best possible outcome.
At The Law Offices of David L. Freidberg, we understand the complexities of Illinois DUI law and are committed to building a strong defense tailored to your unique circumstances.
Potential Legal Defenses
Several defenses may apply in cases of aggravated DUI with great bodily harm. Some common strategies include:
- Challenging the legality of the traffic stop: If the officer lacked reasonable suspicion to initiate the stop, any evidence obtained may be inadmissible.
- Disputing chemical test results: Breathalyzer machines must be properly calibrated and maintained, and blood or urine samples must be handled according to strict protocols. Any errors in these processes can cast doubt on the results.
- Arguing lack of causation: The prosecution must prove that the defendant’s actions directly caused the injuries. If the injuries were due to another factor, such as the actions of another driver, the case against the defendant weakens.
Qualities to Look for in a Criminal Defense Attorney
When facing charges as serious as aggravated DUI, selecting the right attorney is critical. Look for someone with extensive experience handling DUI cases in Illinois, a thorough understanding of Illinois statutes and local court procedures, and a proven ability to secure favorable outcomes for their clients. An attorney should also be communicative, approachable, and committed to keeping you informed throughout the process.
Questions to Ask During a Free Consultation
Before hiring an attorney, it’s important to ask key questions to ensure they are the right fit for your case. Consider asking:
- How many aggravated DUI cases have you handled?
- What strategies do you recommend for my case?
- What are the potential outcomes for my charges?
- How do you communicate with clients during the case?
City-Relevant Criminal Defense FAQs
- What happens if I am arrested for aggravated DUI with great bodily harm in Joliet? You will be taken into custody, and your case will proceed through the criminal justice system, starting with an arraignment. A skilled attorney can help you navigate this process.
- Can I challenge the results of a breathalyzer test in Illinois? Yes, breathalyzer results can be challenged, especially if the machine was not properly maintained or the test was administered incorrectly.
- What penalties do I face for an aggravated DUI conviction in Joliet? Penalties include prison time, fines, license revocation, and mandatory rehabilitation programs. The severity depends on the specific circumstances of the case.
- How can an attorney help me with my DUI case? An attorney can investigate the case, challenge evidence, negotiate for reduced charges, and represent you in court to achieve the best possible outcome.
Why You Should Choose The Law Offices of David L. Freidberg
Facing an aggravated DUI charge with great bodily harm in Joliet is one of the most serious legal situations a person can encounter. Without skilled legal representation, the consequences can be devastating. The Law Offices of David L. Freidberg has decades of experience defending clients against DUI charges and achieving successful outcomes. We are committed to protecting your rights and fighting for your future.
Call Joliet DUI Defense Attorney David Freidberg For Your Free Consultation
If you or a loved one is facing aggravated DUI with death charges in Joliet, 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 Joliet, Chicago, Cook County, DuPage County, Will County, and Lake County, Illinois, and we’re here to fight for your rights and your future.