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Illinois DUI Involving a Type A Injury Accident
Illinois DUI Involving a Type A Injury Accident
Facing a DUI charge in Illinois can be a difficult experience, especially when the case involves a Type A injury accident. In these situations, additional legal considerations may come into play, such as enhanced charges and the potential for a driver’s license revocation.
Wirth Law has represented many clients with Type A injury DUI cases. Our firm crafts a strategic defense after reviewing all evidence to obtain the best possible result in a case. With convenient offices in both Chicago and Naperville, Wirth Law is committed to helping clients move forward after a Type A injury DUI.
Defining a Type A Injury DUI under Illinois Law
In the context of DUI cases, a Type A injury accident refers to an incident in which one or more individuals sustain serious, non-fatal injuries as a result of a motor vehicle crash. According to Illinois law, a Type A injury includes conditions such as:
- Broken bones
- Serious cuts requiring stitches
- Injuries that require transport to a hospital for emergency care
- Any injury that significantly affects a person’s health or physical condition
This classification sets a Type A injury accident apart from more routine traffic collisions or minor accidents. It reflects the severity of harm caused and serves as a key factor in how both the court system and the Illinois Secretary of State address the situation.
How a Type A Injury DUI Is Treated Differently
When a DUI involves a Type A injury accident, it can be upgraded to a felony under the aggravated DUI law. The penalties imposed by the court increase substantially if upgraded to a felony, especially if there are previous DUI offenses on a person’s record.
The relevant statute, 625 ILCS 5/11-501, outlines escalating penalties depending on whether the DUI is a first, second, third, or fourth offense, as well as whether a Type A injury occurred during the DUI.
First DUI with a Type A Injury
Even a first-time DUI charge becomes a more serious offense when a Type A injury is involved. The case may be upgraded to a Class 4 felony, which carries the potential for the following penalties:
- A potential prison sentence of 1 to 3 years
- Fines of up to $25,000
- Mandatory substance abuse treatment
- Restitution for the injured party
If a Type A injury DUI is not enhanced to a felony, a first-time offender will remain eligible for court supervision. However, the presence of a serious injury makes it harder to obtain a sentence of supervision in a Type A injury case. If a Type A injury case is upgraded to a felony, a first-offender may remain eligible for probation.
Driver’s License Revocation After a Type A Injury Accident
When a person is convicted of a Type A injury DUI, the Illinois Secretary of State imposes a mandatory revocation of the driver’s license. A revocation is indefinite and does not end on a specific date. When a license is revoked, a person must attend a driver’s license reinstatement hearing with the Illinois Secretary of State to request driving privileges in the future.
The length of the revocation depends on several factors, including the number of prior DUI convictions. The general statutory revocation periods are as follows:
- One year for a first offense
- Five years for a second offense
- Ten years for a third offense
- Lifetime revocation for a fourth or subsequent DUI
It is important to note that any revoked driver with 2 or 3 DUI convictions will be subject to a mandatory five-year BAIID permit as an Illinois resident, even if they are otherwise reinstatement eligible under law. If subject to the five-year law, a person may apply immediately after their DUI revocation for a probationary permit at a formal hearing with the Illinois Secretary of State.
If an out-of-state resident is subject to the five-year permit, they may attend a formal hearing to apply for full reinstatement (out-of-state clearance) for purposes of obtaining a license in their home state under certain circumstances. In such cases, the out-of-state resident must be otherwise eligible for reinstatement and present a valid out-of-state identification card on the date of their hearing. If an out-of-state resident becomes an Illinois resident in the future, Illinois may elect to reimpose the five-year permit requirement under certain circumstances.
In cases of lifetime revocation, an Illinois resident may apply for a restricted driving permit once five years have elapsed from the date of their most recent revocation or release from their most recent DUI incarceration, whichever is later. If an out-of-state resident has a lifetime revocation in Illinois, they must wait ten years from their revocation date to request full clearance. If full clearance is granted, the out-of-state resident cannot become an Illinois resident again without the lifetime revocation being reimposed.
What a DUI Defense Lawyer Can Do in Court
In the criminal portion of the case, a DUI defense attorney plays a vital role in protecting legal rights and seeking the best possible outcome. For cases involving a Type A injury accident, a thoughtful and strategic defense can make a major difference.
A DUI defense lawyer works to obtain a dismissal of the charges if the evidence does not support a guilty finding. In cases where a plea is appropriate, a defense attorney negotiates the best possible outcome, which may reduce or eliminate a period of incarceration or prevent a driver’s license revocation in first-time misdemeanor DUI cases.
The Role of a License Reinstatement Attorney
An experienced attorney plays a critical role in the driver’s license reinstatement process. Legal representation ensures that each step is handled with care, knowledge, and compliance with Secretary of State standards. From gathering documentation to preparing a client to testify at a hearing, an attorney can craft a strong, organized case.
An attorney can determine the best evidence to formulate a successful case for driver’s license reinstatement. They can highlight specific evidence that demonstrates their client has resolved any prior drug or alcohol problem(s) and that they no longer pose a risk to public safety. A reinstatement attorney plays a key role in identifying and organizing favorable evidence prior to hearing.
Legal counsel can also assist in gathering the necessary documents from treatment providers, obtaining records from the state, and advising on how to present lifestyle changes that show progress and responsibility. This may include presenting an evaluation, treatment records, character letters, or other relevant items. These details are crucial in showing a sincere commitment to safe and responsible driving.
With a clear understanding of legal requirements and hearing practices, an attorney can build a compelling case that reflects both legal compliance and personal growth. Attorneys are well-versed in the nuances of the law and know what hearing officers expect. Their experience enables them to manage deadlines, present information effectively, and advocate for their clients throughout the process. An attorney’s guidance ensures that all key aspects of rehabilitation are highlighted at a Secretary of State hearing.
Wirth Law: Free Consultations
Our office provides free consultations for Type A injury DUIs and Illinois driver’s license reinstatement hearings. Our firm has physical offices in Chicago and Naperville. We offer consultations in person, as well as virtual consultations by phone or via Zoom.
During a consultation, we quote a flat-rate fee for a specific case. Our law firm has competitive pricing and payment plans through Affirm. To schedule, contact us at (312) 761-8290 or email jennifer@wirthlaw.org.