Being charged with DUI manslaughter in Illinois is one of the most serious legal battles anyone can face. As a Chicago DUI defense lawyer with years of courtroom experience in Cook County and surrounding areas, I’ve defended clients accused of driving under the influence when a fatal accident occurs. These cases are emotional, complex, and aggressively prosecuted, often beginning with a split-second event and turning into a life-altering criminal case.

If you’re facing this type of charge in the city of Chicago or in neighboring counties like DuPage, Will, or Lake, you’re not alone—but you need to understand the severity of the accusation. DUI manslaughter is not a misdemeanor. Illinois law classifies it as a felony—usually a Class 2 felony, but in some cases, the charge can carry even heavier sentencing enhancements.

In neighborhoods throughout Chicago—whether in South Shore or River North—these cases typically begin when someone is involved in a crash and alcohol or drug use is suspected. Police and prosecutors are quick to move forward with felony charges if the accident results in death, even if the other driver or pedestrian was partially at fault.

How DUI Manslaughter Is Charged Under Illinois Law

In Illinois, DUI manslaughter is formally known as aggravated DUI resulting in death under 625 ILCS 5/11-501(d)(1)(F). The charge applies when a person operating a motor vehicle under the influence is the proximate cause of a fatal crash.

This means prosecutors must prove two key elements:

1. You were under the influence of alcohol, drugs, or a combination at the time of the incident

2. Your impaired condition was the direct cause of someone’s death

Proving both elements is required. Even if your blood alcohol content (BAC) was over the legal limit of 0.08, the State still has to show that your impairment caused the crash.

Penalties for DUI manslaughter in Illinois are harsh:

• Class 2 felony: Punishable by 3 to 14 years in prison if one person died

• Extended term Class 2 felony: 6 to 28 years in prison if multiple people died

• Fines up to $25,000

• Mandatory revocation of your driver’s license

• Felony conviction on your permanent record

• Ineligibility for certain jobs, housing, and educational opportunities

The charge can’t be taken lightly. Prosecutors may also file additional charges, such as reckless homicide under 720 ILCS 5/9-3, or leaving the scene of a fatal accident under 625 ILCS 5/11-401, depending on the facts. These additional charges can increase the penalties and make the case even more difficult to defend without experienced legal help.

From Scene to Arrest: How DUI Manslaughter Cases Begin in Illinois

Every DUI manslaughter case in Illinois starts with a crash. It might be a single-vehicle accident, a pedestrian incident, or a multi-car collision. Once police arrive, they begin assessing whether drugs or alcohol played a role. In Chicago, this often happens in high-traffic areas such as the Dan Ryan Expressway or on busy streets like Western Avenue or Lake Shore Drive.

Here’s what typically happens:

Police gather information, question drivers and witnesses, and administer field sobriety tests if you’re conscious and able. If someone has died in the crash, the incident is immediately classified as a possible criminal investigation. If you’re hospitalized, law enforcement may request a blood or urine test—even without your consent if they obtain a warrant or under implied consent laws.

You may be arrested at the scene, at the hospital, or even weeks later after investigators review toxicology results and reconstruction reports. These cases often involve a multi-step process:

• Collection of medical records and toxicology results

• Analysis of crash data

• Review of surveillance footage or traffic cams

• Accident reconstruction by police or third-party experts

• Subpoenas for phone records, event data recorders, and more

Once the evidence is gathered, the State’s Attorney’s Office in Cook County or the respective jurisdiction decides whether to file felony DUI charges. If so, you’ll be issued a warrant, arrested, and brought before a judge for a bond hearing.

A Realistic Example of DUI Manslaughter Defense in a Chicago Case

Let’s walk through a fictional—but realistic—case involving a DUI manslaughter charge.

The client was driving home late at night in the Bronzeville area after having a couple of drinks at a family gathering. He was involved in a crash with a cyclist who tragically passed away. The responding officers noted the smell of alcohol and performed a field sobriety test. The client was taken to the hospital, and a blood draw was performed approximately two hours after the crash, showing a BAC of 0.10.

The State charged him with aggravated DUI causing death, but our investigation revealed important facts:

• The cyclist was not using a light or reflective gear at night

• Toxicology showed no impairment symptoms despite BAC level

• The intersection had malfunctioning streetlights

We brought in a crash reconstruction expert who testified that the cyclist’s position in the lane and lack of visibility significantly contributed to the crash. Our cross-examination of the State’s witnesses exposed weaknesses in their conclusion about causation.

The result: the aggravated DUI manslaughter charge was dropped. Our client pled to a lesser charge, received probation, and avoided prison.

This case shows that with thorough investigation, strong defense strategy, and expert support, there’s always a way to challenge the State’s version of events.

What Evidence Is Used Against You in a DUI Manslaughter Case?

If you’re facing a DUI manslaughter charge, the prosecution will use every available tool to build its case. Understanding what they’re looking for is key to preparing a strong defense.

Common evidence includes:

• Chemical test results: Blood, breath, or urine samples are used to establish BAC or drug presence

• Police body cam and dashcam footage: Often shows the defendant’s behavior, test administration, and scene observations

• Field sobriety test results: Officers document observations of balance, eye movement, and coordination

• Eyewitness statements: Bystanders, passengers, or other drivers may testify about how the crash occurred

• Accident reconstruction reports: These are compiled by experts to model how the crash happened and who was at fault

• Surveillance footage: From red light cameras, business cameras, or city-owned surveillance systems

All of this evidence must be properly collected and preserved. Errors in the chain of custody, mishandling of samples, or faulty assumptions in accident reconstruction can open the door to effective defense challenges.

Why You Must Have a Criminal Defense Lawyer for DUI Manslaughter

DUI manslaughter charges are not traffic offenses. They are felonies that come with life-changing consequences. You may be facing years in prison, a destroyed reputation, and an inability to ever get your life back on track unless your case is properly defended.

Having a criminal defense attorney is not just helpful—it’s essential.

Here’s why:

• Police and prosecutors are trained to build a case, not to help you

• Without a lawyer, you may say things that hurt your defense

• There may be legal motions (to suppress evidence, to dismiss charges) that only an attorney knows how to use effectively

• A private attorney will build your defense early, rather than just reacting to what prosecutors do

• A lawyer helps you understand what’s coming next—bond hearings, arraignment, discovery, trial, plea offers

If you’ve been accused of DUI manslaughter in Chicago or anywhere in Cook, Will, DuPage, or Lake County, you need to protect yourself immediately. I provide that protection, starting the moment you call.

Frequently Asked Questions About DUI Manslaughter in Illinois

What’s the difference between a regular DUI and DUI manslaughter?
A regular DUI is typically a misdemeanor for a first offense, involving no injuries or fatalities. DUI manslaughter is a felony charge filed when a fatal crash results from allegedly impaired driving.

Can I go to prison if convicted of DUI manslaughter in Illinois?
Yes. The charge is a Class 2 felony with a sentencing range of 3 to 14 years in prison. If more than one person died, the range extends to 6 to 28 years. Some rare cases may qualify for probation if there are extraordinary circumstances.

Is DUI manslaughter a violent crime in Illinois?
While not classified the same way as an intentional violent crime, it is treated with similar severity in court, particularly because it involves a loss of life. The court often hears from victims’ families during sentencing, and judges consider the emotional impact of the crime.

Do I lose my license after a DUI manslaughter charge?
Yes. Your license will be revoked if you’re convicted. Even before conviction, your driving privileges can be suspended following an administrative hearing related to your chemical test results or refusal.

Can my case be reduced or dismissed?
That depends on the facts. If we can challenge the evidence of intoxication or prove you were not the proximate cause of the accident, there may be grounds for dismissal or for reducing the charge to reckless driving or misdemeanor DUI.

What if the victim was partially at fault?
Contributory fault can be part of your defense. If the deceased person violated traffic laws or engaged in unsafe behavior, that evidence can reduce or eliminate your liability for their death.

Should I talk to the police after the crash?
No. Politely decline to answer questions and request legal counsel. Statements you make can later be used against you. Always have an attorney present.

How long will my case take?
These cases often take several months to over a year, depending on the court’s schedule, the evidence involved, and whether the case goes to trial.

Do I need a lawyer right away?
Yes. The earlier your defense begins, the more opportunities we have to preserve evidence, challenge accusations, and protect your rights.

When You Need a Fighter, Call Us!

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.