The Impact of DUIs on Car Accident Cases in Illinois

If you are involved in an accident with a person who receives a driving under the influence (DUI) charge, this means that they were impaired by alcohol or drugs. Even though people know that they are legally not allowed to get behind the wheel while drunk or intoxicated, they still choose to do so, making drunk and intoxicated driving one of the most preventable causes of crashes in the entire country.

The impact of DUI on car accident cases can be very serious, resulting in severe injuries, permanent disabilities, and even fatalities.

What are the legal consequences for drivers charged with DUI in Illinois?

According to the Illinois Secretary of State 2024 DUI Factbook, the legal consequences for drivers charged with DUI can vary based on the circumstances surrounding the arrest and conviction. Some of the circumstances that can change the legal consequences are age, BAC level, whether a child under 16 was in the vehicle, whether the driver has a history of DUI convictions and more. Illinois currently considers anyone who has a BAC level of 0.08 percent or more as driving under the influence. Below, we will review some of the penalties drivers charged with DUI may receive.

First conviction:

• Class A Misdemeanor
• License revoked for a minimum of one year if the driver is 21 or older and a minimum of two years if the driver is under 21
• Vehicle registration suspended
• If the driver’s BAC is 0.16 percent or more, they will receive a fine of at least $500 and a minimum of 100 hours of community service.

Second conviction:

• Class A Misdemeanor
• Driving privileges are revoked for at least five years if the second conviction is within 20 years
• Vehicle registration suspended
• If the driver’s BAC is 0.16 or more, they will receive a fine of at least $1,250 and a minimum of two days in prison.

Third conviction:

• Class 2 Felony
• Driving privileges revoked for at least ten years
• Vehicle registration suspended
• If the driver’s BAC is 0.16 or more, they must spend 90 days in prison and pay a fine of at least $2,500.

Fourth conviction:

• Class 2 Felony
• Driving privileges revoked for life
• Vehicle registration suspended
• If the driver’s BAC is 0.16 percent or more, they must pay a fine of at least $5,000.

If a child under the age of 16 is in the vehicle when a driver receives a DUI, the driver could be required to spend time in prison, pay hefty fines, and receive a felony based on their number of offenses. They must also participate in a community service program helping children. If a child under 16 is in the vehicle and becomes injured, the driver will receive an Aggravated DUI, which is a Class 4 Felony. They will also be required to pay a fine (between $2,500 and $25,000) based on the number of offenses and participate in a community service program helping children for 25 days.

How common is impaired driving in Illinois?

Sadly, impaired driving in Illinois is quite common. The National Highway Traffic Safety Administration (NHTSA) found that around 30 percent of fatalities in Illinois have at least one impaired driver. Here is some of the other alarming data that the agency found:

• Of the 1,210 fatal crashes across the state in 2021, close to 30 percent were alcohol-related accidents.
• There were 1,334 people killed in car accidents in the state in 2021. About 30 percent of these individuals were killed due to a drunk driver.
• Of the 848 drivers killed in car crashes around the state, more than 40 percent had a BAC of 0.1 or higher.
• Between 2018 and 2022, 21 to 34-year-olds were the group to experience the most alcohol-related injuries or deaths, and 79 percent of the group were men.
• Most fatalities involving alcohol occurred between midnight and 3:00 a.m., and most fatalities involving marijuana occurred between 3:00 p.m. and 6:00 p.m.

How can a DUI affect liability and compensation in accident cases?

If you find out that your accident was caused by a driver who received a DUI, you may feel lost and confused about how this will affect liability and compensation for your case. First and foremost, it is important to know that even though the drunk driver will likely receive penalties, fines, and jail time for their behavior, you will still need to file a civil car accident case to pursue damages for your accident, injuries, and losses.

The good news in this situation is that if the driver is charged with a DUI, it will make it much easier for you to prove that they are legally responsible for your accident. Even though you will still need to provide proof to support your case, such as photos, videos, surveillance footage, a drug or alcohol test, and a police accident report, the driver’s DUI conviction is usually plenty of evidence to show the judge that the driver was driving while impaired, which makes them liable for your accident and injuries. However, the judge will still need proof of the damages you suffered due to the driver’s negligent behavior. This means that you will need to show what type of injuries and losses you have suffered from the accident, which you can do by providing medical records, doctor notes, psychological or counseling reports, medical bills, prescriptions, invoices or receipts, journal entries, witness statements, and more. After the judge evaluates this information, they will determine the compensation the at-fault driver owes you.

Other parties who may be liable and owe you compensation for a DUI-related accident in Springfield, IL

The drunk driver is likely the main party who is responsible for your DUI-related accident, but there is a possibility that other parties could be found liable as well. Illinois has a dram shop law that holds restaurants and bars liable for drunk driving accidents and injuries if they sell alcohol to a person who is intoxicated. Therefore, if you can prove that the impaired driver consumed alcohol that they purchased from a restaurant, bar, or another establishment before your accident, you can also file a claim against that establishment and hold them accountable for your accident, injuries, and other losses.

Were you or a family member recently injured in a drunk driving accident? If so, the Springfield drunk driving injury lawyers at Glisson Law are here to help. Our team knows how catastrophic these accidents can be, making it seem almost impossible to cope with your new reality and move forward with your life. However, with the help and guidance of our lawyers, you can ensure that your rights are protected and that you receive a fair compensation amount based on your needs. Please call our office or complete our contact form to schedule a free consultation to begin discussing your accident at our office today. We are located in Alton, but we happily assist clients in Belleville, Edwardsville, Springfield, St. Clair and Madison Counties, all of Southwestern Illinois, and Missouri for your convenience.