When Does DUI Become Reckless Homicide in Illinois?
The state of Illinois prohibits any person from driving under the influence (DUI) of alcohol, drugs, or a combination of substances. Ultimately, any driver on Illinois roads must ensure that they can operate their vehicle safely and in compliance with applicable law. Any violation of Illinois DUI laws can result in a jail or prison sentence and criminal fines.
But if a DUI offense also involves a fatality — even an unintentional one — the offender will usually face reckless homicide charges instead. Given the severity of this type of conduct, reckless homicide is a felony crime with heightened penalties for any violation.
How Does Illinois Define Reckless Homicide?
720 ILCS 5/9-3 provides the Illinois definition of reckless homicide. There are two different versions of reckless homicide under this section.
The first version of reckless homicide applies whenever a person:
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Commits DUI; and
Causes the death of another person as