Facing DUI manslaughter charges in Illinois is a life-altering event with severe legal consequences. Illinois law takes these cases seriously, and a conviction can result in significant prison time, heavy fines, and a permanent criminal record. Prosecutors aggressively pursue DUI manslaughter cases, and defendants must understand the legal implications. The penalties for DUI manslaughter vary based on factors such as prior DUI history, blood alcohol concentration (BAC), and whether additional aggravating circumstances were involved. If you are accused of DUI manslaughter, retain a private attorney to quickly protect your rights and future.
Understanding DUI Manslaughter Under Illinois Law
Under 625 ILCS 5/11-501(d)(1)(F), DUI manslaughter, also referred to as aggravated DUI resulting in death, is a Class 2 felony. If convicted, the defendant faces a prison sentence of 3 to 14 years for a single fatality and 6 to 28 years if multiple deaths occur. Courts do not offer probation unless extraordinary circumstances apply.
DUI manslaughter occurs when a person operates a vehicle under the influence of alcohol, drugs, or both, causing a fatal accident. Prosecutors must prove beyond a reasonable doubt that:
- The driver was impaired by alcohol or drugs.
- The driver’s impairment was the proximate cause of the fatality.
Additional Legal Consequences Of DUI Manslaughter
1. Mandatory License Revocation
A DUI manslaughter conviction results in an automatic revocation of driving privileges. The driver may apply for reinstatement after serving a minimum period of revocation but must complete a formal hearing process with the Illinois Secretary of State.
2. Financial Penalties And Civil Liability
Convictions usually come with substantial fines, sometimes exceeding $25,000, in addition to court costs. Defendants could face civil lawsuits from the victim’s family, leading to further financial burdens.
3. Impact On Future Employment And Rights
A felony conviction will severely limit employment opportunities, housing options, and the ability to own firearms. Employers frequently conduct background checks, and many will not hire individuals with felony DUI convictions.
Defenses Against DUI Manslaughter Charges
Legal defenses depend on the facts of the case but may include:
- Challenging the accuracy of BAC tests
- Arguing that another factor, not impairment, caused the accident
- Contesting improper law enforcement procedures during the arrest
FAQs About DUI Manslaughter In Illinois
What Is The Difference Between DUI And DUI Manslaughter?
DUI refers to driving under the influence of alcohol or drugs, while DUI manslaughter involves a fatal accident caused by an impaired driver. The latter carries much harsher penalties.
Can DUI Manslaughter Charges Be Reduced?
In some cases, charges may be reduced if the defense can prove that the driver’s impairment was not the primary cause of the accident. Prosecutors may also agree to lesser charges in plea negotiations.
Can I Get Probation For DUI Manslaughter In Illinois?
Illinois law prohibits probation for DUI manslaughter unless extraordinary circumstances exist. A defense strategy must focus on reducing charges or avoiding conviction.
What Happens To My Driver’s License After A DUI Manslaughter Conviction?
Under 625 ILCS 5/6-205(a)(1), a conviction leads to an automatic license revocation. Reinstatement is possible after serving the revocation period and completing a formal hearing.
Can A DUI Manslaughter Conviction Be Expunged?
No. Felony DUI convictions, including DUI manslaughter, cannot be expunged or sealed under Illinois law. The conviction remains on your record permanently.
Contact Our Chicago DUI Defense Lawyer For Your Free Consultation
At Edward Johnson & Associates, we understand the serious consequences of DUI manslaughter charges and are committed to building a strong defense for our clients. If you or a loved one is facing DUI manslaughter allegations, securing skilled legal representation is critical. Contact our Chicago DUI defense lawyer at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. Our offices are located in Chicago, Illinois, and we serve clients throughout the entire Chicagoland metro area. Let us fight for your rights and work toward the best possible outcome in your case.