The answer depends on the evidence against you and how the state has charged your offense.

The state can charge you with aggravated DUI if you were involved in a motor vehicle crash (including with a snowmobile or boat) that killed another person when your DUI was the proximate cause of the death.  To convict you, the state must show that your driving was impaired, and that impairment resulted in the death.

Illinois DUI law, however, has several types of DUI offenses.  The most common may be simple driving under the influence of alcohol, but the state may also charge you for driving with a breathalyzer over the legal limit.  If so, the state need only prove that you had a breathalyzer  or blood result over .08 and that your driving (not your impairment) was the proximate cause of the accident.(Illinois law defines proximate cause as “one that produces an injury through a natural and continuous sequence of events unbroken by any effective intervening cause.”)

If you have been charged with aggravated DUI, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements beyond a reasonable doubt.  Can the state prove that you drove the car?  Did you cause the accident? Did your driving show impairment?  Did you perform well on any field sobriety tests?  Was any breathalyzer taken on a properly certified machine?

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email

Reference:   625 ILCS 5/11-501. See also:   Skolnik v. Allied Property & Casualty. And Illinois Pattern Criminal Jury Instruction 4.24

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)


About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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