Illinois DUI Lawyer Blawg
Serious traffic crashes involving allegations of impaired driving often result in life-altering consequences for multiple parties and raise important legal questions under Illinois DUI law. A recent crash in Lombard, Illinois, illustrates how allegations of intoxicated driving can lead to aggravated DUI charges when severe injuries are involved. For drivers facing DUI allegations, particularly those involving bodily harm, it is critical to understand how Illinois law defines impairment, enhances penalties, and structures the criminal process. If you are accused of a serious DUI offense, you should consult an experienced Illinois DUI defense attorney to fully assess potential defenses and legal exposure.
Reported Circumstances of the Lombard Crash
It is reported that the crash occurred around midday near a major roadway and recreational path in Lombard, Illinois, shortly before Christmas. Reportedly, the defendant was operating a sport utility vehicle and attempted to pass traffic when the vehicle allegedly collided with another car and then crossed into oncoming traffic. It is alleged that the defendant’s vehicle struck an oncoming SUV occupied by a family of four, including two minor children, causing significant damage and triggering an emergency response.
Allegedly, responding officers discovered indicators suggesting alcohol impairment at the scene of the crash. It is reported that open containers of alcohol were found inside the defendant’s vehicle. Prosecutors have alleged that subsequent chemical testing revealed a blood alcohol concentration substantially above the legal limit. Based on these findings, law enforcement concluded that the defendant was impaired at the time of the collision, forming the basis for DUI-related charges.
It is reported that all occupants of the other vehicle sustained serious injuries, with at least one child requiring additional medical treatment and surgery following the crash. Allegedly, due to the severity of the injuries, prosecutors charged the defendant with multiple counts of aggravated driving under the influence, causing great bodily harm. It is reported that the defendant appeared in court shortly after the incident and was released under electronic monitoring pending further proceedings, with additional court dates scheduled.
Illinois DUI Law and Aggravated DUI Offenses
Illinois law prohibits operating a motor vehicle while under the influence of alcohol, drugs, or intoxicating compounds. A driver may be charged with DUI if their blood alcohol concentration is 0.08 percent or greater, or if they are otherwise impaired to a degree that renders them incapable of safely driving. Importantly, DUI charges do not require a collision; however, when a crash occurs, the legal consequences often increase significantly.
Aggravated DUI is a felony offense in Illinois and applies when certain statutory factors are present. One of the most serious aggravating factors is causing great bodily harm, permanent disability, or disfigurement to another person while driving under the influence. In such cases, DUI charges are elevated from misdemeanor offenses to felony charges, exposing the defendant to substantially harsher penalties.
Because aggravated DUI cases often rely on chemical testing, accident reconstruction, and officer observations, defendants may have viable defenses depending on how evidence was collected and whether constitutional and procedural requirements were followed. Challenging probable cause, testing accuracy, and the chain of events leading to the arrest can be critical components of an effective defense strategy.
Consult an Experienced Illinois DUI Defense Attorney
If you have been charged with DUI or aggravated DUI in Illinois, especially following a crash involving serious injuries, it is essential to act quickly to protect your rights. Theodore J. Harvatin of the Harvatin Law Offices, PC, is an experienced Illinois DUI defense lawyer who can assess your case and help you assert any available defenses. To schedule a confidential consultation, contact Harvatin Law Offices, PC, at (217) 525-0520 or use the firm’s online contact form.