Reckless Homicide While Driving Under The Influence

 Posted on February 14, 2024 in DUI Defense

Reckless homicide is a vehicular manslaughter charge. Committing a vehicular homicide while driving under the influence will only compound the penalties a defendant may face in a court of law. Understanding what each charge entails and the penalties for both will go a long way in helping to prepare your defense. Those looking at criminal charges should enlist the help of a skillful and experienced attorney for the best possible chances of beating the charges.

Reckless Homicide

Reckless driving on its own is defined as driving in a way that is likely to cause great bodily harm or death. Reckless homicide, often called vehicular homicide, is when driving recklessly causes the death of another individual. A reckless homicide can also be committed when a driver attempts to “jump a car” while on an incline or railroad crossing, resulting in the death of an individual.

The penalties for reckless homicide are usually a Class 3 felony. However, if it results in the death of more than one person, occurs in a construction zone or school crossing, or one of the deaths was that of an on-duty law enforcement officer, the charges can escalate to a Class 2 felony. Regardless of which charge is received, the reckless driver, if convicted, is looking at a minimum two-year driver’s license revocation.

Driving Under the Influence

Driving under the influence (DUI) constitutes getting behind the wheel of a moving vehicle while under the influence of alcohol or drugs. To be arrested for a DUI does not require either alcohol or drugs to be in your system, only that the officer who stops you suspects that you are under the influence. A DUI where your blood alcohol concentration (BAC) level is at 0.08 percent or more will likely face a DUI charge, along with any other charge that may have gotten you pulled over in the first place.

Penalties for a DUI often depend on the driver’s BAC, prior DUI convictions, and aggravating factors, such as having a minor in the car. First and second offenses are generally a Class A misdemeanor, whereas aggravating factors and further offenses will carry felony charges.

When Drinking and Driving Ends in Death

A reckless homicide while driving under the influence will have a convicted defendant facing compounded charges that are likely to result in steeper fines and lengthier jail sentences. This is because a DUI is an aggravating factor of reckless homicide, which can have a defendant looking at up to 14 years in prison. If the vehicular homicide took place in a school crossing area or work zone where two or more people were killed, the penalties are enhanced, allowing a jail time sentence of up to 28 years.

Contact a Cook County, IL Criminal Defense Attorney

No matter how steep the penalties you face, your best bet at a solid defense is to consult a Chicago, IL reckless homicide defense lawyer. Luisi Legal Group will do everything in their power to get your charges dismissed or reduced while preserving your rights. Contact our office at 773-276-5541 for a free consultation to discuss your case.