DUI Penalties
Normal dui penalties for any Illinois dui include fines, alcohol classes, and attendance at a victim impact panel. Public service work is required with a breath result of .16 or higher.
However, additional dui penalties can vary beyond depending on many factors such as:
- driving history,
- criminal background
- local jurisdiction
- facts of the case, such as
- an accident,
- a child in the car,
- leaving the scene,
- the presence of drugs,
- a high alcohol content (bac), and
- a persons age.
Dui Penalties for First time offender
A first time offender is someone who has never had a dui.
The sentence usually involves a period of “court supervision”. Court supervision is a delayed dismissal of the charge. No conviction for a dui occurs. Court supervision is the best outcome for a dui charge if the case cannot be won. No conviction enters. Therefore, no jail time is imposed.
DUI Penalties for Second time offender
A second time offender had a prior dui disposition. Unlike, a first time offender, court supervision is not an option. Therefore, if found guilty, a conviction is mandatory.
Any dui conviction results in a revoked drivers license. A revoked drivers license can only be restored by the Illinois Secretary of State after a formal hearing.
Additional mandatory dui penalties for a second time offender included a minimum of 5 days in jail, or 240 hours of public service work.
Dui Penalties for Third time offender
A third time offender can be charged with a class 2 felony. Dui penalties for this felony range from a period of 48 months of probation to 3 – 7 years in the Illinois Department of Corrections.
If found guilty, a required dui penalty is a conviction. However, probation is, likely, an outcome without other aggravating circumstances.
Any dui conviction results in a revoked drivers license. A revoked drivers license can only be restored by the Illinois Secretary of State after a formal hearing.
Dui Penalties for Fourth time offender
Dui penalties for a fourth time offender are significant. It is a class 2 felony, like a third time offender. However, a fourth time offender, if convicted, must be sentenced to an Illinois Prison for at least 3 years. Probation is not a possibility.
Beyond a fourth time offender
Anyone who is a fifth, sixth or greater offender will be charged with a class X felony, which is the most serious felony classification in Illinois. It requires a mandatory prison sentence ranging from 6 – 30 years.
Our Experience
Former prosecutor Steven Haney has handled hundreds of DUI cases involving all situations. He is in the Aggravated traffic courts of Will County on a daily basis and knows DUI defense second to none. To discuss in confidence your situation, contact us at 815-723-5600 or via e-mail.