DUI Crash With Injury in Will County
If a DUI crash causes great bodily harm, permanent disability or disfigurement to another person, and the DUI was a proximate cause, it is aggravated DUI. That is a felony, a Class 4 felony. If prison is chosen, the sentence is at least one year and at most 12 years.
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.
What happens next
- Police come to the crash scene, and paramedics treat the injured. Officers will ask for a chemical test.
- If you refuse a test after a crash that caused injury or death, the statute calls for a summary revocation, not a suspension.
- The state may charge DUI and wait for medical records before deciding on aggravated DUI.
- You get a court date at the Will County Courthouse in Joliet.
- Jeff gets the crash report, the hospital records, and any video, then looks at what caused the injury.
The three injury tiers
| Facts | Charge under 11-501(d) |
|---|---|
| Crash causes great bodily harm, permanent disability or disfigurement to another | Aggravated DUI, Class 4 felony. Prison, if imposed, is 1 to 12 years |
| Crash in a 20 mph school speed zone causes bodily harm to another, short of great bodily harm | Aggravated DUI |
| Crash causes the death of another person | Class 2 felony. Prison of 3 to 14 years for one death, 6 to 28 years for two or more, unless extraordinary circumstances require probation |
In each case the DUI must be a proximate cause of the injury. A crash alone is not enough. The state has to connect the impairment to the harm.
What probation requires
A person sentenced for aggravated DUI who gets probation or conditional discharge must serve at least 480 hours of community service or 10 days of imprisonment as a condition. The court cannot suspend or reduce a mandatory term of imprisonment or community service.
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
License effects after a crash
A refusal to test after a crash that injured or killed someone brings a summary revocation rather than a suspension. A summary revocation carries a $500 reinstatement fee. The twelve month period for a first refusal is for a person who was not in a crash that caused personal injury or death to another. A conviction means the Secretary of State revokes your license.
The law defines personal injury for the test warnings as a Type A injury on the crash report, one that needs immediate professional attention in a doctor's office or medical facility.
What to do in the first days
- Write down what you remember about the crash while it is fresh, and give the notes only to Jeff.
- Keep every paper: the crash report number, hospital bills, notices from the Secretary of State and court papers.
- Do not post about the crash online.
- Do not contact the injured person or the family.
- Call Jeff before you give any statement, because the charge level depends on exactly what the injuries are.
A suspension notice from the Secretary of State may arrive within days. Its 46th day deadline is one of the first things Jeff checks.
Civil claims run alongside
A civil case, if one is filed, is separate from the criminal one. Tell Jeff if you receive court papers or an insurance letter, and talk to him before you give a recorded statement to an insurer.
How Jeff defends this charge
- He tests causation. The statute needs the DUI to be a proximate cause of the harm, not just a crash that happened while you were over the limit.
- He studies the other driver's actions, road conditions and the crash reconstruction.
- He reads the medical records to see whether the injury meets the great bodily harm standard.
- He reviews how and when your blood was taken, and by whom.
- He checks whether you were the driver at all.
- He looks at lesser charges when the felony proof is weak.
He does not promise any result. These cases are serious and he treats them that way.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about dui accident injury
Short answers first. Jeff McCarthy reviews every answer on this page.
It is DUI where the crash caused great bodily harm, permanent disability or disfigurement to another person and the DUI was a proximate cause. It is charged under section 11-501(d)(1)(C).
If prison is imposed, the statute sets a range of not less than one year and not more than 12 years.
No. A DUI that did not cause great bodily harm and did not fit another aggravating factor is charged as a misdemeanor. Whether harm is great bodily harm is a question of the medical facts.
The law says a refusal after a crash that caused personal injury or death to another results in a summary revocation. A first refusal not tied to such a crash is a suspension.
Probation is possible for some aggravated DUI sentences, but it comes with at least 480 hours of community service or 10 days in jail as a condition.
A crash raises the stakes even with a minor injury, because the injury level decides the charge. A lawyer can look at the medical records and tell you which level applies.
Talk to Jeff first. Anything you say can be used in the criminal case and in a civil claim.
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.
