Facing Aggravated DUI Charges After a Fatal Crash in Illinois: What You Must Know

In a city as large and fast-moving as Chicago, even one moment of distraction can lead to tragedy. When alcohol or drugs are suspected in a fatal car crash, police and prosecutors often move quickly—and aggressively. What may have been a tragic accident can turn into an accusation of Aggravated DUI Causing Death, a felony that carries decades of potential prison time.

Under 625 ILCS 5/11-501(d)(1)(F), a driver who operates a vehicle while under the influence of alcohol, drugs, or any intoxicating compound, and causes the death of another person, can be charged with a Class 2 felony. The law applies across Illinois, including in Cook County and the City of Chicago, and prosecutors rarely hesitate to pursue the harshest possible sentence.

Unlike a simple DUI, this charge is treated much like vehicular homicide. Even if your blood alcohol content was barely over the legal limit or the other driver was partly at fault, the State may still claim your actions were the “proximate cause” of death. The moment an officer suspects intoxication, the focus shifts from accident reconstruction to criminal liability.

As a Chicago DUI defense attorney, I’ve seen how quickly law enforcement can make assumptions about guilt. The Chicago Police Department and Illinois State Police collect breath and blood samples, conduct crash analyses, and seize vehicles as evidence. Once charges are filed, every statement, every test, and every movement becomes part of a serious felony case.

Illinois Penalties for Aggravated DUI Causing Death

Illinois law treats an aggravated DUI resulting in death as one of the most severe forms of impaired driving. A conviction carries between 3 and 14 years in prison, and if more than one person dies, the sentence range increases to 6 to 28 years. Courts in Cook County, Will County, DuPage County, and Lake County are known for issuing long prison terms when prosecutors establish both intoxication and causation.

Under 730 ILCS 5/5-8-1(a)(5), the court cannot impose probation unless it finds extraordinary circumstances that make imprisonment unjust. Most defendants serve substantial time in the Illinois Department of Corrections, followed by years of supervised release.

In addition to incarceration, penalties can include:

Fines up to $25,000
Restitution to victims’ families for funeral or medical expenses
Permanent revocation of your driver’s license under 625 ILCS 5/6-205(a)(4)
Loss of professional licenses or employment opportunities
A lifetime criminal record that cannot be sealed or expunged

Once a conviction is entered, the Illinois Secretary of State permanently revokes driving privileges. Many clients mistakenly assume they can reapply after a few years—but aggravated DUI cases involving death often carry lifetime bans.

In Chicago courts, prosecutors from the Cook County State’s Attorney’s Office will typically argue that alcohol or drug impairment caused the fatality, using everything from field sobriety test videos to toxicology reports. Yet not every case tells the same story, and a skilled Chicago DUI lawyer can often expose major weaknesses in the State’s evidence.

Challenging the Evidence: Fighting the State’s Narrative

Every aggravated DUI case begins with evidence collection. Police officers gather breath or blood samples, sometimes without properly establishing consent or probable cause. They rely on field sobriety tests, accident reconstructions, and witness testimony—all of which can be challenged.

In one Chicago case example, a driver on the Eisenhower Expressway was charged after a nighttime collision killed a motorcyclist. Police claimed the driver smelled of alcohol, but no field sobriety tests were recorded on body cam. The blood sample was taken nearly three hours after the crash, long after any alleged intoxication could be accurately measured. An independent toxicologist retained by the defense testified that the blood alcohol reading was scientifically unreliable. The result: the State’s case was dismissed before trial.

Illinois law requires strict adherence to Illinois Department of Public Health regulations for chemical testing. Breathalyzers must be properly calibrated, and blood samples must be collected, labeled, and stored under specific conditions. A single break in the chain of custody can render the evidence inadmissible.

Just as important is the concept of causation. The prosecution must prove that intoxication directly caused the death—not merely that alcohol or drugs were present. Factors such as another driver’s speeding, a mechanical failure, or poor road design can break the chain of causation.

Defending against this type of charge demands careful forensic review. A Chicago criminal defense lawyer may hire independent experts to reanalyze toxicology data or reconstruct the crash scene using physics and engineering models. These technical defenses can dismantle the assumption that impairment equals guilt.

The Criminal Court Process in Illinois

The road from arrest to trial is long, complex, and intimidating for anyone charged with aggravated DUI. The process usually unfolds in several steps:

Arrest and Bond Hearing – After arrest, the accused must appear in court within 48 hours. The judge decides whether to grant bond and sets conditions for release. Because aggravated DUI is a violent felony, bond can be denied or set extremely high.
Preliminary Hearing or Grand Jury – The prosecution must show probable cause that a crime occurred. A defense lawyer can use this stage to expose weaknesses in the evidence.
Arraignment and Discovery – The defendant enters a plea, and the State provides discovery materials such as police reports, lab analyses, and video footage.
Pretrial Motions – A defense attorney can file motions to suppress evidence, exclude statements, or dismiss the indictment if proper procedures weren’t followed.
Trial or Negotiation – If the case proceeds to trial, the jury must unanimously find the defendant guilty beyond a reasonable doubt. In some cases, plea negotiations may lead to a reduced charge such as reckless homicide or DUI causing great bodily harm.

Throughout this process, a Chicago criminal defense lawyer plays a critical role. From securing release conditions to managing expert witnesses and cross-examining officers, an attorney ensures your constitutional rights remain intact.

Legal Defenses Available in an Aggravated DUI Case

Not every DUI-related fatality is a crime. Illinois courts recognize several valid defenses that can lead to dismissal or acquittal.

Disputing Causation: The defense may prove that another driver, pedestrian, or environmental factor caused the fatality, not the defendant’s impairment.
Challenging Testing Procedures: If the chemical test was performed incorrectly or equipment was malfunctioning, results can be suppressed.
Lack of Probable Cause: If police initiated a stop without legal justification, all resulting evidence may be excluded.
Medical Conditions: Certain medical issues, such as diabetes or neurological disorders, can mimic signs of intoxication.
Constitutional Violations: Unlawful searches, forced blood draws, or coerced statements may result in dismissal.

Defenses often succeed when a Chicago DUI attorney acts quickly to preserve evidence—such as dash cam footage or witness testimony—that can contradict the police narrative.

Choosing the Right Chicago Criminal Defense Lawyer

Aggravated DUI cases are unlike standard traffic offenses. They require courtroom experience, technical understanding of forensic science, and a steady hand in front of a jury. When choosing an attorney, consider factors such as:

– Experience with felony DUI and homicide cases in Cook County courts
– Proven record of courtroom success
– Understanding of toxicology, accident reconstruction, and police procedure
– Direct, personal communication with clients rather than delegation to junior staff

During your consultation, you might ask:
– What are the best and worst possible outcomes for my case?
– How have you challenged chemical evidence in the past?
– Will you personally handle my court appearances?
– What steps can we take immediately to protect my license and reputation?

An attorney who answers these questions clearly and confidently will be best equipped to protect your future.

Chicago Criminal Defense FAQs

What makes a DUI “aggravated” in Illinois?
A DUI becomes aggravated when certain factors make it more serious—such as causing death or great bodily harm, driving without a license, or having prior convictions.

What is the prison sentence for aggravated DUI causing death?
Between 3 and 14 years, or 6 to 28 years if multiple deaths occur. Some cases allow probation, but only under extraordinary circumstances.

Can I fight a blood test result?
Yes. Errors in calibration, collection timing, or lab handling can make the results scientifically unreliable. Defense lawyers often retain independent toxicologists to review the data.

Is restitution always required?
Most courts require restitution to the victim’s family for funeral and related expenses, but amounts vary. A defense lawyer can review whether claims are properly documented.

Can my driver’s license ever be reinstated?
Lifetime revocation is typical, but limited relief may be available after many years with proper rehabilitation evidence. Each case depends on its specific record and history.

Where are aggravated DUI cases heard in Chicago?
They are primarily heard at the Leighton Criminal Court Building at 2650 South California Avenue in Chicago, with suburban cases assigned to district courthouses.

Why do I need a private defense attorney instead of a public defender?
Public defenders are dedicated lawyers, but they often carry large caseloads. A private attorney like David L. Freidbergcan dedicate focused attention, investigate independently, and bring in expert witnesses early in the process.

Why Defendants Turn to The Law Offices of David L. Freidberg

Being accused of causing a fatal crash is overwhelming, and without experienced legal help, your words or actions can be misinterpreted. Prosecutors treat these cases as homicides, not traffic offenses. The consequences—years in prison, loss of your license, permanent record, and emotional devastation—are too serious to face alone.

The Law Offices of David L. Freidberg has decades of experience defending DUI and felony cases across Chicago and the surrounding counties. The firm’s approach combines deep knowledge of Illinois criminal procedure with hands-on trial experience. Every client receives direct communication, personalized strategy, and access to forensic experts when necessary.

Attorney Freidberg’s goal is always to protect freedom, preserve future opportunities, and hold the State to its burden of proof. No case is hopeless until every fact is examined.

If you’ve been charged with Aggravated DUI Causing Death or any serious DUI felony in Chicago, Cook County, DuPage County, Will County, or Lake County, call The Law Offices of David L. Freidberg now for immediate help.

Your defense starts today—with an attorney who knows the courts, knows the law, and knows how to fight.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.