Arrested for DUI After a Fatal Car Crash in Illinois

 Posted on September 10, 2025 in DUI

Fatal accidents caused by driving under the influence (DUI) can result in aggravated DUI charges, which carry harsh penalties and long-lasting consequences. If you have been accused of causing a deadly accident while under the influence, you need an aggressive Kane County, IL aggravated DUI defense lawyer to help you understand the laws that apply to your case and the possible defenses available to you.

What Is an Aggravated DUI in Illinois?

In Illinois, a DUI charge becomes aggravated when certain factors make the offense more severe. Under 625 ILCS 5/11-501(d), a DUI that results in the death of another person is classified as a Class 2 felony at a minimum. This means the state views the case as far more serious than your typical DUI.

Unlike a regular DUI, which may involve fines, probation, or short jail time, an aggravated DUI carries prison sentences and the long-term loss of your driver’s license. The law does not allow a judge to reduce an aggravated DUI involving a death to a lesser charge. That makes it all the more important to have an experienced attorney on your side.

Possible Penalties for Aggravated DUI Resulting in Death in Illinois

Under 730 ILCS 5/5-4.5-35, a Class 2 felony normally carries a prison term of three to seven years. However, if one person dies as a direct result of the DUI, the sentence can extend up to 14 years. If two or more people are killed, the penalty range increases to six to 28 years in prison.

Along with prison time, you face large fines, loss of driving privileges, and a permanent criminal record. The Illinois Secretary of State has authority under 625 ILCS 5/6-205 to revoke a driver’s license following a conviction. Unlike a suspension, revoking a driver’s license is permanent. You may be able to petition for reinstatement years later, but that is not guaranteed.

Judges and prosecutors often seek the maximum sentence for these types of cases. You could face civil lawsuits for wrongful death brought by a victim’s family in addition to the criminal charges.

Can You Fight Aggravated DUI Charges if It Involves a Fatal Accident in Illinois?

To get an aggravated DUI conviction, the prosecution must prove both impairment and that the impairment caused the death. Depending on the circumstances surrounding your case, your defense may include:

• Questioning whether breath or blood tests were accurate and properly administered

• Arguing that testing conditions or medical conditions affected performance

• Showing the accident could have been caused by another driver, the road conditions, or other factors unrelated to your alleged intoxication

• Presenting testimony to counter the state’s claims about impairment or accident reconstruction

• Pointing out unlawful searches, improper traffic stops, or mishandling of evidence

Remember, a charge is not a conviction. You still have your day in court, and your attorney knows how to protect your rights.

Contact an Aurora, IL Aggravated DUI Defense Attorney Today

You do not have to face the courtroom alone. The experienced Kane County, IL aggravated DUI defense lawyer at The Law Office of Brian J. Mirandola can review the details of your case and challenge the charges against you.

As a former prosecutor, Attorney Brian J. Mirandola understands how to spot weaknesses in the evidence against you and use them to your advantage during negotiations and trial. Let him put that experience to work for you and guide you through this difficult time. Call 847-488-0889 today to schedule your free consultation.