DUI Leaving the Scene in Illinois
Defense Attorney in Chicago, Illinois
How Bernard Law Can Help You Fight the Charges
Being involved in a DUI incident and then fleeing the scene is a serious offense under Illinois law. If you’re facing charges of leaving the scene after a DUI, understanding your rights, legal implications, and available defenses is crucial. With attorney Nate Bernard by your side, you can navigate these complex charges and work toward the best possible resolution.
What Defines “Leaving the Scene” in Illinois?
In Illinois, it is against the law to leave the scene of an accident, especially if someone was injured or killed, or if significant property damage occurred. This offense becomes even more severe when alcohol or drug impairment is involved. Fleeing an accident where you were driving under the influence is a criminal act with harsh penalties under Illinois law.
Illinois Vehicle Code (625 ILCS 5/11-401.1) stipulates that:
“Any driver of a vehicle involved in an accident resulting in damage to property, injury, or death who willfully fails to stop, report, or remain at the scene commits a Class A misdemeanor.”
In Illinois, leaving the scene of an accident escalates to felony charges if the accident involved bodily injury or death, or if the driver was intoxicated.
Leaving the scene of an accident involving injury is a Class 4 felony.
Leaving the scene of a fatal accident is a Class 3 felony.
Penalties for Leaving the Scene of a DUI
Punishments for leaving the scene of a crash to avoid DUI convictions can be severe. Penalties for leaving the scene of an accident in Illinois vary depending on the circumstances but can include:
Felony charges with potential imprisonment from 2 to 10 years (or more, if related to injury/death)
Fines up to $25,000
License suspension or revocation for up to 5 years or more
Probation, community service, and court fees
Criminal record, affecting future employment and personal rights
Fleeing the scene after a DUI incident does not just violate traffic laws but can be treated as a serious criminal offense. DUI hit and run punishments often carry long-lasting consequences.
Why Is Leaving the Scene Such a Serious Crime?
When an individual involved in an accident, especially under the influence, leaves the scene, it impairs law enforcement’s ability to properly investigate the incident, determine its true cause and circumstances, ensure that victims receive immediate and critical medical attention, and collect essential evidence for potential criminal charges. Hit and run consequences in Illinois are harsh because it shows a blatant disregard for public safety and accountability, particularly when alcohol or drug impairment is involved.
Common Defenses in DUI Hit and Run Cases
Being faced with DUI hit and run charges is complex and daunting. However, depending on the specifics of your case, different avenues for defense might be available. Common defense strategies include:
Lack of knowledge or consciousness: Arguing that you were unaware of the accident or injury.
Accident caused by another driver: Asserting that you were not at fault or had no reasonable opportunity to stop.
Procedural errors: Challenging the legality of the traffic stop or evidence collection.
Medical emergency: Claiming that a medical crisis prevented you from stopping or reporting.
Incomplete or inaccurate evidence: Questioning the reliability of witness testimony or forensic evidence against you.
Each case is unique, and a DUI defense attorney can analyze your circumstances to identify the strongest defenses.
The Role of an Experienced DUI Defense Lawyer
Given the severity of a DUI hit and run charge, hiring a criminal defense attorney is essential. An attorney can provide you with:
Legal counsel familiar with Illinois DUI and hit and run laws
Aggressive representation in court hearings, negotiations, and trials
Thorough case review to identify weaknesses in the prosecution’s case
Personalized legal approach tailored to your specific situation
Guidance through the criminal process, including bail, pretrial motions, and sentencing options
How Can Bernard Law Help You?
At Bernard Law, our legal team has worked extensively in Illinois DUI and criminal defense, and we are committed to either minimize the impact of these charges or fight them entirely. Our legal strategy may include:
Challenging the evidence that prosecutors rely on.
Negotiating plea deals or alternative sentencing where appropriate.
Suppressing inadmissible evidence.
Ensuring procedural rights are respected throughout the process.
Advocating for reduced charges or hit and run penalties in Illinois.
Our goal is to defend your rights and achieve the most favorable outcome. We'll guide you through every step of the criminal process, including bail, pretrial motions, and understanding sentencing options.
Immediate Steps If You're Facing DUI Hit and Run Charges
If you've been charged with leaving the scene of an accident to avoid DUI, acting quickly and carefully is vital.
Don't Delay: Time is critical. Contact Bernard Law as soon as possible to begin building your defense. Every moment counts in developing a strong strategy.
Remain Silent: Do not discuss the incident with anyone other than your legal counsel. Any statements you make could be used against you in court.
Gather Information: Collect any evidence, witness statements, or details that might support your case. This could include photos, contact information, or your own recollections.
Follow Legal Advice: Your attorney will guide you through every step of the process, including bail, court appearances, and understanding potential plea options. Adhering to their advice is paramount.
Contact Bernard Law Today
Facing charges of DUI: leaving the scene can feel overwhelming, but you don’t have to face it alone. Bernard Law offers, dedicated legal representation to help you navigate this difficult time. Early intervention with the right lawyer can make all the difference.
Call us today for a free, confidential consultation. Our team is ready to listen, evaluate your case, and develop a tailored defense strategy to protect your rights.
Leaving the scene of an accident in Illinois is a serious criminal offense with long-lasting consequences. With Bernard Law on your side, you’ll have an aggressive advocate dedicated to defending your rights, minimizing penalties, and exploring every possible defense. Don’t wait — take action today.
