DUI Cases That Result in Death

Reckless Homicide. 720 Ilcs 5/9-3

In DUI cases where the offender unintentionally kills another person and the DUI was the proximate cause to the death, the violation is a Class 2 felony punishable by 3 to 14 years in the State penitentiary. the judge must find extraordinary circumstances to award probation. If there are more than two deaths then the potential jail term is 6 to 28 years.

These are very serious allegations and as such anyone charged with a Reckless Homicide needs to hire an attorney with the experience and knowledge of the specific issues related to this offense. Most of the same strategies that we use in defending other DUI type charges are also available as a defense to Reckless Homicide. One significant twist is that the DUI has to be the proximate cause of the death. the prosecution’s burden in these cases is not just to prove a DUI and a death, but to prove the DUI and then that that DUI was also the proximate cause of the death. in many cases the prosecution will not be able to prove the DUI, or in the alternative, prove the DUI but not that it was the proximate cause of the death, however, because there is a death involved the stakes go up exponentially. With the risk of significant jail time to our clients charged with this offense we explore every option in these cases.

If you are charged with this serious offense you need to talk to an attorney who understands all of the elements of this charge and has had success in defending them.

At David S. Olshansky & Associates we will do everything we can, look at every viable legal defense, and prepare the best defense possible for Reckless Homicide charges.