Defending a DUI Case After a Crash with Injuries

 Posted on January 22, 2025 in DUI

Normally, an uncomplicated DUI is a misdemeanor. If you were simply pulled over by the police because you were seen swerving, driving with a missing headlight, or breaking another traffic law and were found to be intoxicated, you are probably being charged with a misdemeanor. However, if you caused a car crash that left someone injured, your situation is much more serious. You may be facing felony charges for DUI with great bodily harm. If you were involved in an accident that left someone injured and subsequently got arrested for drunk driving, you need an experienced Joliet, IL felony DUI lawyer to fight for you. Felony DUI can carry significant prison time and should be taken very seriously.

Possible Defense Strategies for DUI With Injury 

There are several ways to defend your case when you are charged with DUI with injury. One option is to fight back against the underlying drunk driving allegation using common DUI defenses, such as challenging the blood or breath test used to establish your B.A.C. If the state will probably not be able to prove that you were driving under the influence of alcohol or other drugs, your DUI charge may be dropped, or you may be able to have your charges reduced to reckless driving.

Another strategy is to show that your drunk driving was not the cause of the other party’s injuries. In some cases, this can be done by showing that another driver was at fault for causing the accident or that the accident was the result of weather or road conditions outside of your control. Intoxicated drivers are as likely as other drivers to be hit by another driver without being at fault.

Plea Bargaining After Nonserious Accidents 

Illinois’s DUI with injury statute does specify that it applies to accidents involving "great bodily harm." However, the threshold for what is considered great bodily harm is generally quite low - injuries as minor as significant bruising alone can result in DUI with injury charges. In cases where the accident was minor and resulting injuries were largely insignificant, courts are sometimes more willing to allow plea bargaining, especially if the injured party is not pressing for harsh treatment. If someone suffered serious, life-altering injuries, the state is more likely to pursue your case more aggressively.

Contact a Will County, IL Aggravated DUI Lawyer 

McNamara Phelan McSteen, LLC will defend you aggressively in court. Our experienced Joliet, IL felony DUI attorneys will do all we can to mitigate the seriousness of your case. Contact us at 815-727-0100 for a complimentary consultation.