DuPage County DUI Pedestrian Hit-and-Run Accident Defense Lawyer

Understanding DUI Pedestrian Hit-and-Run Charges in DuPage County

DuPage County, Illinois, is home to cities like Naperville, Wheaton, Downers Grove, and Elmhurst, where law enforcement takes DUI-related offenses extremely seriously. A DUI pedestrian hit-and-run charge is one of the most severe criminal offenses a driver can face. Leaving the scene of an accident involving a pedestrian while under the influence of alcohol or drugs not only leads to standard DUI penalties but also triggers felony charges for fleeing the scene.

Illinois law requires all drivers to stop when involved in an accident that results in injury or death. Failing to do so, particularly when DUI is involved, leads to enhanced legal consequences. Many drivers who flee the scene of a DUI pedestrian accident do so out of panic, confusion, or fear of arrest, but this decision often worsens their legal situation.

If you are accused of a DUI pedestrian hit-and-run in DuPage County, it is critical to secure an aggressive legal defense. The prosecution will pursue these charges relentlessly, and without proper legal representation, you risk severe penalties, including imprisonment, permanent license revocation, and a felony criminal record. At The Law Offices of David L. Freidberg, we have decades of experience defending individuals accused of DUI-related crimes and fight to protect your rights.

Illinois Laws on DUI and Leaving the Scene of an Accident

Under 625 ILCS 5/11-401, Illinois law mandates that any driver involved in an accident resulting in injury or deathmust stop immediately and remain at the scene. Failure to do so can result in felony hit-and-run charges, and if DUI is involved, the penalties become even more severe.

The standard DUI offense under 625 ILCS 5/11-501 prohibits operating a motor vehicle while under the influence of alcohol, drugs, or any intoxicating substance. A first-time DUI conviction can result in up to one year in jail, fines up to $2,500, and a six-month license suspension. However, when a DUI results in an accident involving a pedestrian, and the driver flees the scene, the charge escalates to an aggravated DUI, a Class 4 felony, which carries 1 to 3 years in prison and fines up to $25,000.

If the pedestrian suffers serious injuries or is killed, the charges increase dramatically. Under Illinois’ Aggravated DUI laws, a DUI involving serious bodily harm or death is a Class 2 felony, punishable by 3 to 7 years in prison. If the driver fled the scene, the charge may be elevated to a Class 1 felony, which carries a prison sentence of 4 to 15 years.

Drivers convicted of DUI hit-and-run also face mandatory license revocation, meaning they may never regain their driving privileges. Unlike a DUI suspension, which can be reinstated after fulfilling certain requirements, license revocation is indefinite, and the driver must petition the Secretary of State’s Office for possible reinstatement.

How DUI Pedestrian Hit-and-Run Cases Are Investigated in DuPage County

Law enforcement agencies in DuPage County treat DUI pedestrian hit-and-run cases as high-priority offenses. If a pedestrian is injured or killed, the police will launch an immediate and thorough investigation to identify the driver.

Officers will examine surveillance footage, eyewitness statements, and forensic evidence at the accident scene. If debris or vehicle parts are left behind, forensic specialists will analyze them to determine the make and model of the suspect’s car.

Law enforcement may also:

• Use traffic camera footage to track the vehicle’s movements.
• Issue public alerts to locate a damaged vehicle matching the description.
• Examine cell phone records and GPS data to establish the driver’s whereabouts.

Once a suspect is identified, an arrest warrant may be issued, leading to immediate detention. If you suspect you are under investigation for a DUI hit-and-run, securing legal representation before an arrest occurs can make a significant difference in your case.

Penalties for DUI Pedestrian Hit-and-Run Convictions in Illinois

A DUI pedestrian hit-and-run conviction carries some of the most severe penalties in Illinois criminal law. Depending on the circumstances, penalties can include:

• Class 4 Felony (Injury Without Fatality) – 1 to 3 years in prison, fines up to $25,000, and license revocation.
• Class 2 Felony (Serious Injury or Fatality Involved) – 3 to 7 years in prison, permanent license revocation, and fines up to $25,000.
• Class 1 Felony (Leaving the Scene After a Fatality) – 4 to 15 years in prison, permanent license revocation, and substantial financial penalties.

In addition to criminal penalties, defendants face civil lawsuits from the pedestrian or their family, potentially leading to hundreds of thousands of dollars in financial damages.

Legal Defenses Against DUI Pedestrian Hit-and-Run Charges

A DUI hit-and-run charge does not guarantee a conviction. Several defense strategies can be used to challenge the prosecution’s case:

• Lack of Evidence – If the prosecution cannot prove that the defendant was driving under the influence at the time of the accident, the DUI charge may be dismissed.
• Mistaken Identity – If there is no clear evidence linking the defendant to the accident, the case may be thrown out.
• Lack of Knowledge – If the driver was unaware that they struck a pedestrian, this can be used as a defense against the hit-and-run charge.
• Faulty Field Sobriety or Chemical Tests – If there were errors in breathalyzer testing or field sobriety test administration, the DUI charge may be challenged.
• Violation of Constitutional Rights – If the arrest violated Miranda rights or involved an unlawful search and seizure, evidence may be suppressed in court.

At The Law Offices of David L. Freidberg, we aggressively defend clients against DUI pedestrian hit-and-run charges, working to reduce or dismiss charges whenever possible.

Why You Need an Attorney for a DUI Pedestrian Hit-and-Run Charge

Without strong legal representation, defendants face maximum penalties, including years in prison, license revocation, and a permanent criminal record. Prosecutors will push for the harshest sentence, and without a DUI defense attorney, you risk losing everything.

An attorney can:

• Challenge the prosecution’s evidence and weaken their case.
• Negotiate for reduced charges to avoid a felony conviction.
• Protect your rights throughout the criminal process.
• Argue for alternative sentencing to keep you out of prison.

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

If you are facing DUI pedestrian hit-and-run charges in DuPage County, you need a dedicated defense attorney to fight for your future. 

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.