Can I Fight an Aggravated DUI That Resulted in Death?

 Posted on May 22, 2025 in DUI

Aggravated DUI alone is a serious offense, but when you factor in an accident that resulted in someone’s death, it is among the most serious offenses under Illinois criminal law. If you are facing a charge for aggravated DUI resulting in death, the legal consequences can be devastating for you and your family. Before you face a judge, you need a knowledgeable Illinois aggravated DUI defense attorney to help you understand the laws that govern these cases and to build a robust defense to fight the allegations.

What Does Illinois Law Say About Aggravated DUI With Death?

Statute 625 ILCS 5/11-501 under Illinois law addresses DUI offenses. In general, it defines a DUI as the act of operating a vehicle while intoxicated by drugs, alcohol, or both. The legal limit for blood alcohol concentration is set at 0.08 percent, but it is stricter if you are a truck driver or under the age of 21. Most DUIs are misdemeanors, but an aggravated DUI resulting in death can be a Class 2 or Class 1 felony, depending on the circumstances, and the potential penalties for either are severe.

What Are the Possible Consequences if Convicted of Aggravated DUI Resulting in Death in Illinois?

According to the Illinois laws that cover sentencing for Class 2 felonies, you could face up to 15 years in prison and fines as high as thousands of dollars if convicted. A civil court could also order you to pay for damages suffered by the victim’s family, including the cost of funeral and burial expenses, medical costs, and more. You will lose your license for a long time, possibly even permanently, which can significantly impact your ability to be an independent adult.

Typically, a judge will not consider probation because of the crime’s severity, and the results of the case will be on your permanent record. In the future, this can affect your ability to gain employment and housing. Sustaining friendships and family relationships after a fatal DUI can be very challenging.

How Can You Fight an Illinois Aggravated DUI if it Resulted in Death?

Given the seriousness of an aggravated DUI causing death charge, you need a well-crafted defense strategy to challenge the allegations. Some potential defenses include:

• Questioning the validity of the chemical testing used to determine your blood alcohol concentration at the time of the arrest

• Arguing that your actions did not directly cause the victim’s death

• Challenging the traffic stop’s legality

• Arguing that your Fourth Amendment right to be safe from unlawful search and seizure was violated

• Proving that you were not impaired when the accident occurred

Effectively challenging the prosecution’s evidence, even if just by proving that how they obtained it was unlawful, can be devastating to their case. Your attorney will work with you to build a defense based on the specific circumstances of your arrest.

Contact a Naperville, IL Aggravated DUI Defense Attorney Today

The potential consequences if convicted of an aggravated DUI with death are scary and life-altering. Facing it alone without a legal representative would be a serious risk. Contact the Naperville, IL criminal defense lawyer at the Law Office of Philip R. Nathe to ensure you have a knowledgeable attorney fighting to protect your rights. You need a robust and aggressive defense on your side. Call 630-416-7600 to schedule a free consultation and discuss how best to approach your case.