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Penalties of First vs. Second vs. Third DUI in Illinois

Posted on behalf of Donahue & Walsh, P.C. | June 29, 2021

If you face a DUI charge in Illinois, it is important to understand what the possible penalties are.

The penalties for a DUI vary, but one key factor is your history of offenses. Penalties go up with each offense to deter repeat offenders.

Illinois law defines DUI as a BAC level of 0.08, any amount of a controlled substance, any intoxicating compound that causes impairment (this can include prescription or even over the counter drugs), or certain levels of THC.

First Offense DUI in Illinois

A first offense is considered a Class A misdemeanor. If you failed chemical testing, you face an administrative license suspension of six months. However, you will be eligible for a monitoring device driving permit (MDDP). An MDDP allows you to drive a vehicle as long as it has an ignition interlock device.

Under Illinois’ implied consent law, if you drive a motor vehicle, you have automatically given consent to chemical testing. If you refuse chemical testing, your license will be suspended for one year upon conviction. Additionally, you will be ineligible for an MDDP.

Detailed criminal penalties for a DUI first in Illinois are as follows:

  • A maximum sentence of 364 days in jail, with at least six months if you had a child under 16 in the vehicle.
  • Maximum fine of $2,500, minimum $500 if your BAC was 0.16 or more or $1,000 if you had a child in the vehicle.
  • Community service of 100 hours if your BAC was 0.16 or more, or 25 days in a program which benefits children if you had a child in the vehicle.
  • License suspension of one year, including any time of administrative suspension. You might be able to get a restricted driving permit for essential driving, with an ignition interlock.
  • Evaluation for substance abuse, with possible recommended treatment.

Second Offense DUI in Illinois

For a second offense, the administrative suspension periods go up to one year for a failed test. If you refused chemical testing, then your license will be suspended for three years.

Penalties of a second offense in Illinois are as follows:

  • Minimum of 5 days in jail or 240 hours of community service. The jail maximum is still 364 days. Additional 2 days in jail if your BAC was over 0.16.
  • If you had a child in the vehicle, it becomes a class 2 felony and you must complete 25 days of community service in a program benefiting children, jail ranging from 10 days to 3 to 7 years (probation is a possibility).
  • Fines ranging from $2,500 if you did not have a child in the vehicle to $25,000 if you did. Minimum $1,250 for BAC over 0.16 and $2,500 if transporting a child. $5,000 minimum if the child was injured.
  • License suspension for 5 years, including any time of administrative suspension.

Third Offense DUI in Illinois

A third or subsequent offense is considered a class 2 felony. You will be facing administrative suspension of one year for a failed test and three years for test refusal. Criminal penalties include:

  • Minimum of 10 days in jail or 480 hours of community service. Minimum of 90 days if your defendant was .16 or more. Maximum sentence is 3 to 7 years.
  • If you had a child in the vehicle, 25 days of community service in a program benefiting children.
  • Maximum fine of $25,000, with a minimum of $2,500 if your BAC was 0.16 or more. If you had a child in the vehicle, the minimum fine is $25,000.
  • Ten year license suspension.

A DUI conviction can significantly impact your future, freedom and reputation. To obtain the best case results possible, contact Donahue & Walsh, P.C. We routinely secure successful case outcomes for our clients. You cannot afford anything less than a proven defense when everything you hold dear is on the line.

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