An Illinois man who was charged with driving under the influence was recently found guilty for an accident that caused the death of a young boy. Typically, a first offense DUI is usually charged as a misdemeanor. However, under certain conditions, even a first offense can be a felony. In this case, the man was convicted and sentenced to over nine years in prison.

The 24-year-old man admitted that he had been drinking heavily prior to the accident. However, after leaving the Mother's Day party he and his family attended, it was his girlfriend who got behind the wheel. She was driving the man and her son home when she was pulled over by police. After discovering she was driving with a suspended license, the police officer told the man that he should drive himself and the child home.

The officer claims he did not detect any alcohol on the man. However, as he drove home, the man crashed into a tree. The 5-year-old boy in the back seat suffered a broken neck and skull injury. He died later that day in the hospital. The man has since been convicted with aggravated driving under the influence.

A judge could have sentenced the man to the maximum prison sentence of 14 years, but after taking into account a number of factors, he decided that was not appropriate. The man has no prior criminal record. His overall good character was established during his trial. Additionally, the man admitted to drinking and driving and has shown his remorse over the accident. He stated, "Regardless of what prison term you may give me, my punishment will last the rest of my life."

The judge in this hearing acknowledged that while the police officer who told the man to drive did not cause the accident, he may have been able to prevent it. The mother of the young boy has a lawsuit pending against the Chicago Heights Police Department.

The tragedy that resulted from this accident is devastating to a number of family members, including the man. But his dedication to seeking treatment and the fact that he took responsibility for his actions may have contributed to his lighter sentence.

Source: NWI.com, "Steger man gets 9 ½ years in fatal DUI crash," Gregory Tejeda, Jan. 20, 2012