Manhattan, Illinois DUI After a Crash
A DUI in Manhattan that involves a crash is treated more seriously than a plain stop. If another person was badly hurt, Illinois can charge aggravated DUI, a felony. The case is heard at the Will County Courthouse in Joliet.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
When a crash changes the charge
The Vehicle Code lists crash-related facts that make a DUI aggravated (625 ILCS 5/11-501(d)(1)). Three of them:
- A crash that caused great bodily harm, permanent disability or disfigurement to another person, when the DUI violation was a proximate cause. Aggravated DUI is a Class 4 felony by default, and a prison sentence for this one is not less than 1 nor more than 12 years.
- A crash in a school speed zone, while the 20 mph limit was in effect, that caused bodily harm to another person.
- A crash that caused another person's death, a Class 2 felony with a prison term of 3 to 14 years for one death, unless the court finds extraordinary circumstances that require probation.
The words "proximate cause" matter. The state must connect the DUI to the injury, not merely show both happened.
Hospital tests after a crash
After a crash, a driver may go to the hospital first. Illinois lets the results of blood, urine or other tests done in a hospital emergency room be used in a DUI case, but only under conditions. The tests must have been ordered in the regular course of treatment and not at the request of police, and they must have been performed by the hospital's routine laboratory (625 ILCS 5/11-501.4). For crashes with injury, the hospital's results can be disclosed to the State Police or local law enforcement on request (11-501.4-1).
This is a place where facts differ: who ordered the draw, when, and why. Jeff reads the medical and police records side by side.
Manhattan specifics
The Village of Manhattan has its own police department, which lists its chief and a police directory on the village website. The village website also carries a Manhattan Corridor Safety Plan for the US Route 52 corridor. Whether a given crash happened on that road is a fact in the report, and not something this page can say.
The hearing on your license is separate from the criminal case. Read the petition to rescind page for the 90 day window and the DUI accident and injury page for the crash-related rules. The aggravated DUI page and felony DUI page go through the felony levels.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
Refusing after a crash with injury
A refusal after a crash is treated more severely. Where the person was involved in a crash that caused personal injury or death to another, a refusal leads to a statutory summary revocation instead of a suspension (625 ILCS 5/11-501.1(c)). The Vehicle Code defines personal injury here as a Type A injury on the crash report: a severely bleeding wound, a distorted extremity, or an injury that requires the injured person to be carried from the scene (11-501.1(i)). A revocation is not private information the way a first offender's suspension report can be.
A first offender who refused and was summarily revoked cannot get a monitoring device driving permit, but may apply for a restricted driving permit after one year (6-208.1(e)). If your privileges were revoked, the hearing on the revocation can include whether you were in a crash that caused a Type A injury or death (2-118.1(b)).
Where it is heard
Manhattan is in Will County, so the case is filed with the Circuit Clerk of Will County and heard at the Will County Courthouse in Joliet. The first offense DUI page explains a plain first charge for comparison. More about the village is on Areas We Serve: Manhattan.
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about manhattan dui lawyer
Short answers first. Jeff McCarthy reviews every answer on this page.
No. The felony versions require specific facts, such as great bodily harm, a school speed zone injury or a death, tied to the DUI as a proximate cause.
Only when the statute's conditions are met, including that the test was ordered in the regular course of treatment and not at police request. Jeff checks each condition.
The Village of Manhattan Police Department, according to the village's own website, which lists its chief and a police directory.
Keep reading
Ready for clarity, direction, and legal protection? Fill out the form and let’s begin.
Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
