Arlington Heights DUI with Great Bodily Harm Defense Lawyer

Aggravated DUI with Great Bodily Harm Attorney in Arlington Heights, Illinois

Arlington Heights, a thriving community in Cook County, Illinois, is well-known for its rich history, vibrant neighborhoods, and proximity to Chicago. Despite its charm, Arlington Heights is not immune to the challenges of criminal offenses, including serious DUI-related charges. Among the most severe DUI charges is an aggravated DUI involving great bodily harm, a felony offense that carries life-altering consequences. If you or someone you know faces this charge, understanding the legal framework and the importance of effective defense is critical.

Understanding Illinois DUI Law and Aggravated DUI Offenses

Illinois has stringent laws regarding driving under the influence, codified under 625 ILCS 5/11-501. A DUI charge becomes aggravated when specific factors elevate the offense beyond a misdemeanor. An aggravated DUI with great bodily harm occurs when a driver under the influence causes an accident resulting in severe injury to another person. This charge is treated as a Class 4 felony, but the penalties can increase depending on the severity of the injuries or if other aggravating circumstances exist.

Under Illinois law, the prosecution must prove that the driver was operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, was under the influence of drugs or alcohol, or was impaired by any intoxicating compound. When great bodily harm is involved, the case becomes more complex, and the stakes are significantly higher.

Penalties for Aggravated DUI with Great Bodily Harm

A conviction for aggravated DUI with great bodily harm can result in substantial legal consequences. As a Class 4 felony, this offense carries penalties that include:

A mandatory prison sentence of one to twelve years, depending on the circumstances.
Fines that can reach $25,000 or more, especially if restitution to the victim is required.
A suspension or revocation of driving privileges for an extended period, potentially for life.
Mandatory installation of an ignition interlock device (IID) upon reinstatement of driving privileges.

These penalties are compounded by additional consequences, such as a permanent felony record that can affect employment, housing, and personal relationships. Repeat offenses or additional aggravating factors, such as driving with a suspended license or causing multiple injuries, can escalate the charge to a higher felony class, leading to even harsher penalties.

How Criminal Cases Begin in Illinois

A criminal case involving an aggravated DUI typically starts with an arrest. In Arlington Heights, law enforcement actively patrols for signs of impaired driving, especially during peak times or around major roadways. A traffic stop can occur if an officer observes erratic driving behavior, such as swerving, speeding, or ignoring traffic signals. Once stopped, the officer may request a field sobriety test or a chemical test, such as a breathalyzer.

If the driver fails these tests, they will be taken into custody and booked on DUI charges. In cases involving an accident, officers will assess the scene, interview witnesses, and document any injuries before making an arrest. A detailed police report and evidence collected at the scene will be critical in determining whether the charge will be elevated to an aggravated DUI with great bodily harm.

The Criminal Trial Process for Aggravated DUI Charges

The criminal process in Illinois involves multiple stages, starting with an arraignment where the accused is formally charged and enters a plea. Pretrial motions may follow, during which the defense can challenge the admissibility of evidence, such as chemical test results or officer testimony.

If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the accused was impaired and that their actions directly caused the accident resulting in great bodily harm. The defense can present evidence disputing the prosecution’s claims, such as questioning the accuracy of chemical tests or arguing that external factors, like weather or road conditions, contributed to the accident.

In cases where the evidence against the accused is strong, plea negotiations may result in reduced charges or penalties. If convicted, the case moves to sentencing, where the court considers mitigating factors, such as the defendant’s criminal history and level of remorse, before imposing penalties.

Evidence Collected in Aggravated DUI Cases

In aggravated DUI cases, law enforcement collects various types of evidence to support the charge. This evidence may include:

Chemical test results: Blood, breath, or urine tests to determine BAC or the presence of drugs.
Field sobriety test performance: Observations of the driver’s balance, coordination, and ability to follow instructions.
Witness statements: Testimonies from individuals who observed the driver’s behavior before or during the incident.
Accident scene evidence: Photographs, videos, or physical evidence from the scene, such as skid marks or vehicle damage.
Medical records: Documentation of the victim’s injuries, which is crucial in proving great bodily harm.

A skilled defense attorney will scrutinize this evidence, identifying any weaknesses or inconsistencies that could be used to challenge the prosecution’s case.

The Benefits of Hiring a Criminal Defense Attorney

Defending against an aggravated DUI charge requires a deep understanding of Illinois law and the ability to analyze complex evidence. A criminal defense attorney provides critical support by:

Identifying weaknesses in the prosecution’s case, such as improper procedures during the arrest or inaccuracies in chemical testing.
Negotiating plea deals that may result in reduced charges or alternative sentencing options.
Representing the defendant in court, ensuring their rights are protected and presenting a compelling defense strategy.

In Arlington Heights, having a local attorney familiar with Cook County courts and law enforcement practices can provide a significant advantage in achieving a favorable outcome.

Potential Legal Defenses for Aggravated DUI Charges

Several legal defenses can be used in an aggravated DUI case. One common defense is challenging the accuracy of chemical tests, which can be affected by improper calibration of equipment or errors in administration. Another defense involves questioning the validity of the traffic stop; if the officer lacked probable cause, the evidence obtained during the stop may be inadmissible.

In some cases, the defense may argue that the injuries sustained by the victim were not directly caused by the defendant’s actions. For example, external factors like road conditions or another driver’s behavior may have contributed to the accident.

Qualities to Look for in a DUI Defense Attorney

Choosing the right defense attorney is essential to achieving the best possible outcome. An attorney should have extensive experience handling aggravated DUI cases and a thorough understanding of Illinois DUI laws. They should also have strong communication skills and the ability to analyze complex evidence to develop a strategic defense.

During an initial consultation, it’s important to ask questions about the attorney’s track record, their familiarity with local courts, and their approach to cases similar to yours. Transparency and responsiveness are key indicators of a reliable attorney.

FAQs About Aggravated DUI Charges in Arlington Heights

What is the difference between a regular DUI and an aggravated DUI in Illinois?
A regular DUI involves operating a vehicle under the influence of drugs or alcohol but does not result in significant harm or other aggravating circumstances. An aggravated DUI occurs when additional factors, such as causing great bodily harm, elevate the offense to a felony charge.

Can I refuse a chemical test in Illinois?
While you can refuse a chemical test, doing so can lead to an automatic suspension of your driver’s license under Illinois’ implied consent law. This suspension is separate from any penalties associated with a DUI conviction.

What are the long-term consequences of an aggravated DUI conviction?
In addition to legal penalties, an aggravated DUI conviction results in a permanent criminal record, which can affect your ability to secure employment, housing, or professional licenses.

Why You Need The Law Offices of David L. Freidberg

Defending against an aggravated DUI with great bodily harm is complex and requires a comprehensive legal strategy. Attempting to handle such a charge without professional legal representation is a serious mistake. At The Law Offices of David L. Freidberg, we provide aggressive defense tailored to the unique circumstances of your case. Our team has decades of experience defending clients in Arlington Heights and across Cook County.

Call Us For Your Free Consultation

If you’re facing an aggravated DUI charge in Arlington Heights, 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 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.