What Are the Penalties for DUI Resulting in Injury or Death in Illinois?

 Posted on July 19, 2023 in Uncategorized

If you have been charged with DUI (driving under the influence) in Illinois, and your actions allegedly resulted in someone else’s injury or death, you may face severe penalties. DUI accidents that cause harm to others are taken very seriously by the legal system, and the consequences can be life-altering. It is crucial to understand the potential penalties you may face if you are convicted of DUI or any related offenses following an accident in which someone was injured or killed. 

DUI With Injury

If drunk or intoxicated driving led to an accident, the specific charges you may face will depend on the types of injuries and other circumstances involved in the incident. In general, a DUI resulting in a serious bodily injury is a Class 4 felony in Illinois, considered an aggravated DUI. This charge may apply if a person suffered great bodily harm in an accident, which may involve injuries that are severe enough to require emergency medical treatment, such as lacerations requiring stitches, broken bones, or traumatic brain injuries. Class 4 felony charges may also apply if a person's injuries led to permanent disabilities or disfigurements, such as major scars or limb loss.

A driver who is convicted of a Class 4 felony aggravated DUI after causing an accident that results in another person's serious injury faces a fine of up to $25,000 and a jail sentence of between one and 12 years. In addition, their driver's license will be revoked for a minimum of two years. The offender may also be ordered to pay restitution to the victim for their medical expenses, lost wages, and pain and suffering.

DUI Resulting in Death

If a DUI accident results in the death of another person, the offender faces even more severe penalties. DUI resulting in death is a Class 2 felony. If one person was killed, an offender may be sentenced to three to 14 years in prison. If multiple people were killed, the sentence may be six to 28 years. A felony conviction may also result in a fine of up to $25,000, and the offender may be ordered to pay restitution to the victim's family for their funeral expenses, loss of income, and other related costs. The offender's driver's license will also be revoked for a minimum of two years.

In Illinois, prosecutors may also choose to charge the offender with reckless homicide, which is a Class 3 felony. This offense may apply if a person exhibits disregard for the safety of others by driving while under the influence. A conviction for reckless homicide may result in a sentence of two to five years in prison and a maximum fine of $25,000. Enhanced penalties may apply if a drunk driver struck and killed a person in a school zone or construction zone or if they failed to take care to avoid emergency vehicles on the side of the road. In these cases, reckless homicide is a Class 2 felony that carries the same sentence as a DUI resulting in death.

Contact Our Naperville Aggravated DUI Defense Attorney

At Law Office of Philip R. Nathe, we understand the seriousness of DUI charges and their potential impact on your life. Our experienced DuPage County DUI defense lawyer has a deep understanding of Illinois DUI laws and is prepared to fight vigorously to protect your rights. We will thoroughly investigate your case, challenge any evidence against you, and work towards the best possible outcome. If you have been charged with a DUI resulting in injury or death in Illinois, do not hesitate to contact us at 630-416-7600 to schedule a free consultation. We are here to provide you with the skilled legal representation you need during this challenging time.