Chicago Criminal Lawyer Blog
Why a DUI Accident Arrest Creates More Than One Legal Problem
A DUI arrest after a crash in Chicago is not a single-issue case. It can create a criminal case, a driver’s license case, an insurance problem, a potential civil claim, and, in more serious situations, felony exposure. Many people leave the police station focused only on the court date printed on their paperwork. That court date matters, but it is not the only deadline or risk that needs attention. A DUI accident case begins moving immediately, and the person arrested is often behind before they even understand what evidence the government is collecting.
Illinois DUI law is primarily governed by 625 ILCS 5/11-501. The State may charge DUI when it alleges that a person drove or was in actual physical control of a vehicle while under the influence of alcohol, drugs, intoxicating compounds, cannabis, or a combination of substances. The State may also prosecute a case based on a blood alcohol concentration of 0.08 or more. A first DUI is commonly charged as a Class A misdemeanor, but an accident can change the practical risk of the case even when the formal charge remains a misdemeanor. Prosecutors may view the crash as evidence of unsafe driving, and judges may consider accident facts when evaluating the seriousness of the allegation.
