As a criminal defense attorney based in Chicago, Illinois, I’ve represented clients across Cook County, DuPage County, Will County, and Lake County who were charged with some of the most serious DUI-related offenses in the state. Among these, DUI manslaughter is one of the most devastating charges a person can face. This crime carries lifelong consequences, including lengthy prison terms, a permanent felony record, and the emotional weight of being accused in a case involving loss of life.

DUI manslaughter, often called “aggravated DUI involving death” in Illinois statutes, occurs when someone is accused of operating a vehicle under the influence of alcohol or drugs and causing a fatal accident. These cases often begin in neighborhoods right here in Chicago—places like Englewood, Lincoln Park, or Humboldt Park—and move swiftly through the criminal court system. Once you’re under investigation, the path to arrest, prosecution, and possible conviction can escalate quickly.

Under Illinois law, this is not treated as a misdemeanor—it is a Class 2 or Class 4 felony, depending on the facts. The distinction between misdemeanor DUI and DUI manslaughter is critical. What might have been a traffic stop or minor DUI charge becomes a felony when the crash results in someone’s death. The penalties are much more severe, and the need for a criminal defense attorney becomes urgent.

Understanding Illinois DUI Manslaughter Charges and Relevant Statutes

In Illinois, the legal foundation for DUI manslaughter is found under 625 ILCS 5/11-501(d)(1)(F). This section of the Illinois Vehicle Code states that an individual commits aggravated DUI when their impaired driving is the proximate cause of a fatal crash.

Here’s how the law breaks down:

If you are found to have been driving under the influence of alcohol, drugs, or a combination thereof, and you are involved in an accident that results in the death of another person, you can be charged with aggravated DUI involving death.

This offense is generally classified as a Class 2 felony, punishable by:

• 3 to 14 years in prison for the death of one person
• 6 to 28 years in prison if multiple people died
• Fines up to $25,000
• Mandatory license revocation
• Permanent criminal record

In some cases, probation may be available, but only if certain strict statutory requirements are met. If the court determines that “extraordinary circumstances” exist, a sentence of probation may be imposed—but this is extremely rare.

Other statutes may come into play, depending on the facts, including:

• 625 ILCS 5/6-206 (license revocation)
• 720 ILCS 5/9-3 (reckless homicide, if prosecutors pursue charges beyond DUI)
• 730 ILCS 5/5-5-3 (sentencing guidelines)

The moment someone is killed in a crash, law enforcement and the prosecutor’s office treat the incident as a homicide case. That means crash reconstruction teams, blood tests, field sobriety evidence, and detailed interviews all become part of the case.

The DUI Criminal Process in Illinois from Investigation to Arrest

The criminal process for DUI manslaughter starts well before formal charges are filed. Many times, I’ve had clients tell me they didn’t realize they were under investigation until officers came to the hospital after the crash. That’s often the first indication that the state is building a case.

Here’s what typically happens:

• Police arrive at the scene and initiate an investigation
• Field sobriety tests or blood draws are administered
• A fatality is confirmed at the scene or hospital
• Crash reconstruction begins immediately
• You may be taken into custody on-site or charged days or weeks later
• A judge determines bond in a pretrial detention hearing
• Formal charges are filed by the State’s Attorney’s Office
• The criminal case begins in one of the local circuit courts (Cook, DuPage, Will, Lake)

Even if you are not arrested on the spot, police and prosecutors may already be working behind the scenes. The State may subpoena hospital records, toxicology results, and surveillance footage from nearby intersections. If you are contacted by investigators, it’s critical that you do not make any statements without legal counsel. Everything you say can and will be used in court.

DUI Manslaughter Defense in a Chicago Criminal Trial: Fictional Case Example

Let’s consider a fictional example to illustrate how we defend DUI manslaughter charges.

A client from the Logan Square neighborhood in Chicago was involved in a collision at a late-night intersection. A pedestrian passed away as a result. The driver remained on the scene, cooperated with police, and underwent a blood draw at the hospital. The test showed a blood alcohol concentration (BAC) of 0.09%, just slightly above the legal limit of 0.08%.

The prosecution moved forward with aggravated DUI charges, citing the fatality and the BAC result. However, our defense team uncovered several important issues:

• The hospital’s blood draw was taken over 90 minutes after the crash
• Surveillance footage showed the pedestrian crossed against the signal
• The crash reconstruction report had inconsistencies

We retained an independent toxicologist and accident reconstruction expert. Their testimony raised reasonable doubtabout whether our client’s slight intoxication was the proximate cause of the crash.

After extensive negotiations, the State amended the charge, and our client avoided prison. The case underscores how fact-specific and technical DUI manslaughter defenses must be. We challenge every assumption and every detail in the case.

What Evidence Do Prosecutors Use in DUI Manslaughter Cases?

Prosecutors rely heavily on evidence that proves both intoxication and causation. You can be over the legal limit, but unless they can prove your impairment caused the fatal crash, they cannot secure a conviction for aggravated DUI causing death.

Common forms of evidence include:

• Blood, breath, or urine test results
• Police body cam and dashcam footage
• Crash reconstruction reports
• Field sobriety test results
• Eyewitness statements
• Video surveillance (from street cameras or nearby businesses)
• Event data recorders (EDRs or “black boxes” from the vehicles)

Every piece of this evidence must be scrutinized by your defense attorney. For instance, breath tests can be invalid if improperly administered. Blood draws must be collected and stored under precise protocols. Even the crash reconstruction data can be flawed if assumptions are made about vehicle speed or lighting conditions.

Legal Defenses to DUI Manslaughter in Illinois

No two DUI manslaughter cases are the same. Your defense depends on the facts, the evidence, and how the case was investigated. But here are some key defenses we often pursue:

• Challenging the BAC or toxicology results due to contamination, delay, or improper procedure
• Arguing lack of causation—just because a driver was impaired does not mean they caused the crash
• Violation of constitutional rights—such as illegal search, lack of probable cause, or improper questioning
• Medical defenses—in some cases, health conditions mimic signs of intoxication
• Defective road conditions or third-party fault—another driver may have contributed or caused the fatality

An experienced DUI defense lawyer in Chicago will know how to raise these issues effectively, file the right motions, and force the State to meet its burden of proof.

Why You Need a Criminal Defense Lawyer for DUI Manslaughter Charges

DUI manslaughter charges are aggressively prosecuted in Illinois. Prosecutors are under pressure from victims’ families and advocacy groups to seek the harshest penalties available. Without an experienced Chicago criminal defense attorney in your corner, the odds are stacked against you.

Here’s why you need a lawyer for every step:

• At the investigation stage, to protect your rights and avoid self-incrimination
• At bond hearings, to argue for release or reduced bail
• At pretrial hearings, to challenge the evidence and file suppression motions
• During discovery, to review every piece of evidence and bring in defense experts
• At trial, to present your defense, cross-examine the State’s witnesses, and hold the prosecution to its burden of proof
• In sentencing, if there’s a conviction, to argue for leniency and alternatives to prison

This is not a traffic ticket or misdemeanor that can be handled casually. A felony DUI conviction will follow you for life. You can lose your job, your driver’s license, your immigration status, and your reputation.

Choosing the Right Criminal Defense Attorney in Illinois

Not all lawyers are equipped to handle DUI manslaughter cases. You need someone who knows the courtrooms of Chicago and the surrounding counties, who understands forensic evidence, and who is willing to fight aggressively.

Look for an attorney who:

• Has handled DUI manslaughter and vehicular homicide cases
• Has trial experience in Cook County, DuPage, Will, and Lake County courts
• Understands toxicology, accident reconstruction, and police procedure
• Can assemble a team of independent experts
• Offers honest, strategic counsel and clear communication

During your consultation, ask the lawyer how they would handle your case, whether they’ve defended similar charges before, and how they would challenge the State’s evidence.

Questions to Ask During Your DUI Manslaughter Consultation

If you or your loved one is facing charges, here are some important questions to ask your defense attorney:

• Have you handled DUI manslaughter or aggravated DUI cases before?
• What defenses might apply in my case?
• What are the possible penalties I’m facing?
• How do you challenge blood or breath test evidence?
• Will you be personally handling my case or handing it off to someone else?
• Do you work with independent experts?
• What is your approach to plea deals vs. going to trial?
• What are the next steps in my defense?

Why Choose The Law Offices of David L. Freidberg

At The Law Offices of David L. Freidberg, I understand how overwhelming and frightening a DUI manslaughter charge can be. I’ve spent decades defending clients in Chicago and throughout Illinois, and I fight tirelessly for each person I represent.

I provide aggressive, strategic defense at every stage—from investigation to trial. I’ve helped clients get charges dismissed, reduced, or won at trial. I know the judges, prosecutors, and procedures in Cook County, DuPage, Will, and Lake County. My team treats every case with the seriousness it deserves, and we are available to you 24/7.

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.