Driving Under The Influence (DUI)

Criminal Defense While Driving Under the Influence (DUI)

Driving while under the influence of alcohol or driving while under the influence of drugs are cases that pose their own set of challenges and set of rules that only apply in DUI cases. Driving while under the influence can be either a misdemeanor offense or a felony if the case is an aggravated DUI. Aggravated DUIs occur either based upon prior DUI offenses or aggravating factors such as driving while license suspended, prior DUI convictions, or cases involving driving while under the influence and causing a death.

Issues that frequently accompany driving while under the influence cases whether charged as a misdemeanor DUI or as a felony aggravated DUI are whether the driver was driving, the validity of field sobriety tests, accuracy of the breathalyzer machine and whether the police officer followed every rule and regulation before taking the breath sample. Often times a DUI case can be beaten because the officer did not have probable cause to stop the vehicle. We have also beaten an aggravated DUI because the indictment was wrong and our client was not eligible for felony enhancement. Aggravated driving while under the influence causing death are unique charges because the prosecution not only needs to establish the elements of a DUI but also that the alcohol or drugs was the proximate cause of the death. This element can be difficult to establish if the deceased had also ingested drugs or alcohol or if he or she was also partly to blame for the car accident.

 

Often times a DUI case can be beaten because the officer did not have probable cause to stop the vehicle. We have also beaten an aggravated DUI because the indictment was wrong and our client was not eligible for felony enhancement.

An Aggravated DUI Causing Death in Illinois

An aggravated DUI causing death in Illinois occurs when the prosecution can establish all the elements of a DUI along with proving beyond a reasonable doubt that the proximate cause of the death of another person was the driving while under the influence of alcohol or under the influence of drugs. What this means is that it is simply not enough that the defendant was guilty of a DUI where someone died. Instead, the prosecution must establish that the person died as a result of the DUI. For example, if the deceased blew threw a red light and crashed into a car whose driver happened to be under the influence that is not enough to establish that the DUI driver guilty of aggravated DUI causing death because he or she was not the proximate cause of the death. In this scenario, the DUI driver could still be found guilty of a misdemeanor DUI or even an aggravated DUI if any of the aggravating factors were present.

In aggravated DUI causing death cases all the issues and defenses that are available in all DUI cases are also present. In addition, to all the regular defenses an additional defense is that the person was not the proximate cause of the death because the other driver or other factors were the proximate cause of the death and not the fact that the person was under the influence at the time of the fatal accident

Issues that frequently accompany driving while under the influence cases whether charged as a misdemeanor DUI or as a felony aggravated DUI are whether the driver was driving, the validity of field sobriety tests, accuracy of the breathalyzer machine and whether the police officer followed every rule and regulation before taking the breath sample. Often times a DUI case can be beaten because the officer did not have probable cause to stop the vehicle. We have also beaten an aggravated DUI because the indictment was wrong and our client was not eligible for felony enhancement. Aggravated driving while under the influence causing death are unique charges because the prosecution not only needs to establish the elements of a DUI but also that the alcohol or drugs was the proximate cause of the death. This element can be difficult to establish if the deceased had also ingested drugs or alcohol or if he or she was also partly to blame for the car accident.

 
Criminal Penalties for an illinois DUI

How is Reckless Homicide connected to Aggravated DUI

Reckless homicide like involuntary manslaughter is an unintentional and an unjustified killing.  Reckless homicide is essentially involuntary manslaughter involving a vehicle such as a car or boat. Like all charges that allege recklessness, the prosecution is required to establish willful and wanton disregard for the safety of others or of property.

More often than not reckless homicide often accompanies an aggravated DUI charge if there is a suspicion that the driver was under the influence of alcohol or under the influence of drugs.

Aggravated driving while under the influence causing death are unique charges because the prosecution not only needs to establish the elements of a DUI but also that the alcohol or drugs was the proximate cause of the death. A qualified DUI Defense Attorney can be your best defense.

Jaleel Law P.C.

1550 Spring Road, Suite 120

Oak Brook, Illinois  60523

United States (US)

Phone: 630-360-2LAW (2529)
Fax: 630-504-2107
Email: info@defenseadvocates.com

Areas We Serve

Centrally located in Du Page County we represent clients in trial and appellate courts throughout Illinois including the counties of Cook County, Du Page County; Will County, and Kane County. We have won on behalf of clients at the Daley Center; 26th and California; Bridgeview; Skokie; Rolling Meadows; Maywood; Markham; and all the branch courts in Chicago; and the Northern District of Illinois along with all five Illinois Appellate Courts and the federal circuit court of appeals.