As a seasoned DUI and criminal defense attorney practicing throughout Chicago and the broader Cook County region, I’ve represented individuals who never imagined they’d be sitting across from me facing felony charges tied to a tragic accident. Among the most severe accusations is DUI manslaughter, which under Illinois law is considered aggravated DUI resulting in death.

If you’re accused of this crime, the State treats it as a homicide—even if you didn’t intend for anyone to get hurt. In Chicago, cases like these often begin with a routine night out in neighborhoods like Wicker Park or Bridgeport and end in felony court at 26th and California. Once prosecutors decide to charge DUI manslaughter, you’re facing a potential prison sentence, a permanent felony conviction, and life-altering consequences.

Illinois does not take lightly to fatalities tied to impaired driving. But being charged doesn’t mean you’re guilty. The law requires proof beyond a reasonable doubt, and in many cases, the truth is more complicated than a single toxicology report or police narrative might suggest.

The Law Behind DUI Manslaughter in Illinois

Under 625 ILCS 5/11-501(d)(1)(F), you can be charged with aggravated DUI if prosecutors believe you operated a vehicle under the influence of alcohol, drugs, or both, and that your actions were the proximate cause of another person’s death.

The term “proximate cause” is important. It means there must be a clear link between your impaired condition and the fatal crash. Being over the legal limit is not enough on its own. The prosecution must show your intoxication directly led to the victim’s death.

DUI manslaughter is prosecuted as a Class 2 felony. The penalties include:

• Between 3 and 14 years in prison for the death of one individual
• 6 to 28 years in prison if two or more deaths occurred
• A fine of up to $25,000
• Revocation of your driver’s license
• Mandatory sentencing (no probation unless extraordinary circumstances apply)

While it is not a mandatory Class X felony, these cases are emotionally charged and often treated as such by judges, juries, and prosecutors alike.

Depending on the circumstances, additional charges may be filed alongside aggravated DUI, such as:

• Reckless homicide under 720 ILCS 5/9-3
• Leaving the scene of a fatal crash under 625 ILCS 5/11-401
• Driving on a revoked license resulting in death under 625 ILCS 5/6-303

These additional charges can stack penalties and significantly raise the stakes of your defense.

How Illinois DUI Manslaughter Investigations Begin

Most of these cases begin within minutes of a fatal crash. Police officers responding to the scene make snap decisions about fault and possible impairment. Sometimes paramedics report the smell of alcohol, prompting law enforcement to conduct field sobriety tests. Other times, hospital personnel perform blood draws under Illinois’ implied consent law.

Let’s say the crash occurred near North Avenue and Pulaski. It’s late at night, traffic is light, and a pedestrian crosses midblock. Your vehicle strikes the pedestrian. Officers arrive and begin documenting the scene. If there’s any suggestion you’ve consumed alcohol, they may initiate a DUI investigation—even if your vehicle had the right-of-way.

From that point forward, everything changes. Law enforcement begins building a criminal case, not just filing an accident report. Even if you’re hospitalized, officers may collect blood samples or obtain search warrants for toxicology testing. You could be arrested on the spot, or charges may come weeks later after the State’s Attorney reviews the case.

Some investigations last months, involving:

• Subpoenas for your hospital records
• Crash reconstruction reports
• Video footage from traffic or private security cameras
• Witness statements
• Mobile phone records to rule out distracted driving
• Analysis of vehicle data from the car’s computer system

The moment someone dies in a suspected DUI crash, you become the subject of an in-depth criminal investigation. And once the State moves forward, you’ll be fighting for your freedom.

Defending Against DUI Manslaughter in Illinois: Fictional Chicago Case Example

A fictional example can help highlight how DUI manslaughter cases often unfold.

A client was driving westbound near Albany Park late one weekend night. A pedestrian darted across a poorly lit stretch of road near a park entrance. The client’s SUV struck the individual, who later died from their injuries. Police claimed the driver admitted to having two drinks at dinner and showed signs of impairment. A blood draw at the hospital revealed a BAC of 0.081—just over the legal limit.

The State charged our client with aggravated DUI causing death. But through our investigation, we found:

• The BAC sample was taken nearly two hours post-crash, which may have exaggerated the reading
• Dashcam footage showed the pedestrian running across the road between cars
• Independent toxicology analysis questioned whether our client’s level of intoxication would have impaired his driving in any meaningful way

We filed motions to suppress the blood test and argued that causation had not been established. With expert support and strategic legal challenges, we negotiated a reduction in charges, avoiding a lengthy prison term.

Cases like this are fact-intensive. Every detail matters. From the timeline of alcohol consumption to the behavior of the decedent, your attorney must challenge every assumption the State relies on.

How Law Enforcement Builds a DUI Manslaughter Case

To prosecute a DUI manslaughter case, authorities will attempt to create a narrative built on several forms of evidence:

• Toxicology reports from blood, breath, or urine samples
• Field sobriety test results conducted on-site or documented after the crash
• Police officer reports and body cam footage
• Dashcam recordings showing driving behavior
• Witness testimony, including passengers and bystanders
• Crash reconstruction data, often performed by state-certified specialists
• Statements you may have made during or after the incident
• Medical records from hospital personnel

One of the most overlooked aspects of these cases is causation. Just because a driver tests over the legal limit doesn’t mean they caused the crash. But without legal representation, that distinction may never be brought to light in court.

The Legal Defense Process in DUI Manslaughter Cases

The moment you retain a qualified DUI defense attorney, we begin working to protect your future. Here’s how we approach a case like this:

• Preserve time-sensitive evidence such as surveillance footage and data from vehicles
• Request all discovery materials from the prosecution
• Interview witnesses before memories fade
• Challenge the validity of chemical tests
• Hire our own reconstruction experts
• File motions to suppress illegally obtained evidence
• Negotiate with prosecutors for charge reductions or alternative resolutions
• Prepare for trial if the case cannot be resolved favorably

Illinois prosecutors are not obligated to be lenient. In many counties, DUI manslaughter carries a policy of presumed prison time. But that doesn’t mean every case should lead to a conviction. The legal defenses available depend on the evidence, the quality of your representation, and the strategies your attorney is willing to pursue.

FAQs: DUI Manslaughter Charges in Illinois

Is DUI manslaughter the same as vehicular homicide in Illinois?
Illinois does not use the term “vehicular homicide” in its statutes. Instead, aggravated DUI resulting in death is the legal equivalent, prosecuted under DUI laws but treated as a homicide for sentencing and procedural purposes.

Can a DUI manslaughter charge be dropped to a regular DUI?
In some cases, yes. If your attorney can demonstrate that your impairment did not cause the fatality, prosecutors may agree to reduce the charge. Alternatively, if there are legal problems with the evidence, they may pursue a plea to lesser charges or even dismiss the case.

Does a first-time offender go to prison for DUI manslaughter?
Prison is likely but not automatic. Illinois law allows for probation only in extraordinary cases. An experienced defense attorney can help you build the kind of case that presents those extraordinary circumstances.

What happens to my driver’s license after a DUI manslaughter charge?
Your license will be revoked upon conviction. Prior to that, your driving privileges may be suspended based on chemical test results or refusal under Illinois’ implied consent laws. You may be eligible for a restricted permit under certain conditions.

Can you be charged if the victim was partly responsible for the crash?
Yes, but contributory negligence can be a defense. If the deceased person’s actions played a significant role in the crash, your lawyer can argue that you were not the proximate cause of the death, which may reduce or eliminate your liability.

Do I need an attorney right away, even if I haven’t been charged yet?
Absolutely. Early legal representation can make all the difference. If police are investigating a fatal crash, anything you say or do can impact whether and how you’re charged.

What courts handle these cases in Chicago?
Most DUI manslaughter cases in Chicago are prosecuted in the Criminal Division of the Circuit Court of Cook Countyat 26th and California. In suburban counties, cases are handled in DuPage (Wheaton), Will (Joliet), and Lake (Waukegan) County circuit courts.

How long do these cases take to resolve?
A DUI manslaughter case can take anywhere from six months to over a year, depending on the complexity of the investigation, motion practice, trial strategy, and court scheduling.

When You Need a Fighter, Call Us!

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI 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.