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.