But the penalties are further enhanced for second-offense DUIs. But if the court sentences a defendant on a third DUI offense to probation, a jail sentence is almost sure to follow. However, an attorney may be able to drop your charge, by proving that the arresting officer didnt follow appropriate procedures., Alternatively, an attorney may be able to, , which swaps the DUI charge with a reckless driving conviction noting drugs and alcohol were involved. How can I win my summary suspension hearing? good-time credit, The proper legal representation in central Illinois understands the dire situation that a DUI can bring and will look at all the options to work towards the best-case scenario for you. Since that time, cannabis is legal to possess and use recreationally. At Dohman Law Group, our knowledgeable DUI criminal defense lawyers in Rolling Meadows can help you get your charges dismissed or reduced. According to, , drivers who repeat the offense can face especially significant consequencesincluding an upgraded charge to a felony depending on the circumstances., If youve received a 2nd DUI conviction yourself, its crucial to know what penalties youre facing, what your options are, and how this could impact you in the long run. But the judge is also authorized to sentence the defendant to probation and community service instead. But the issue is, the defendant can get a restricted driving permit (e.g. You are heading home from having a couple drinks with friends . a THC (tetrahydrocannabinol) concentration of at least 5ng/ml of blood. The Criminal Identification Act allows you to seal criminal records. Transporting passengers under 16 and registering a blood alcohol concentration (BAC) of 0.16% or higher draw more severe penalties. Copyright 2013-2022 The Law Offices of Dennis F. Dwyer. What Qualifies as Forgery Under the Illinois Criminal Code. The reason is, there is almost no escaping jail time on a third DUI in Illinois courts. What Are The Consequences of a Second DUI? A non-DUI offense may not result in 100 hours of community service. But it remains an Illinois DUI offense to operate a motor vehicle while impaired by cannabis. day-for-day credit, The statutory section that governs the case, 625 ILCS 5/6-303, is often referred to as 6-303 and will appear on the traffic ticket. Is it Worth Getting a Lawyer for First DUI? Generally, a first or second DUI conviction is considered a misdemeanor. Illinois First Offense DUI Penalties Usually, a 2nd DUI in Illinois carries a mandatory minimum jail sentence of, Find insurance savings it's 100% free. A summary of Illinois penalties for a second DUI If you get an experienced DUI criminal defense lawyer, fight your DUI case, and negotiate a good plea deal, you may go on with your life with minimal changes. The fact that the first DUI offense resulted in supervision, which the defendant completed, does not matter. No fees, ever. There was a problem with the submission. A Class 2 felony is punishable by 3-7 years in the Illinois Department of Corrections (prison). A 2nd DUI offense in Illinois usually results in a Class A misdemeanor conviction, which is subject to a minimum of five days in jail or 240 hours of community service. A "look back" in Illinois only pertains to the suspension of driving privileges. A Summary of Illinois DUI Laws and Punishment 2nd Driving While Suspended/Revoked Illinois | 625 ILCS 5/6-303 | Penalty 625 ILCS 5/6-303(a), However, a standard 2nd DUI offense is charged as a, In most cases. Your license will be revoked for at least 1 year. With the Cannabis Regulation and Tax Act, a person also commits DUI if they operate a vehicle with a tetrahydrocannabinol concentration of 5 to 10 nanograms or more. If the underage person is involved in an incident where a death occurs, On average, basic, . A single decision will change your record forever and possibly have lifelong repercussions. What are the Penalties for a Second DUI in Illinois? Namely:, Plead guilty to an amended wet reckless charge. Facing a DUI? Related: Pulled Over for DUI But Not Charged? Refusing to complete a chemical test upon your arrest can also result in automatic license suspension for, Once you receive a guilty conviction, your license is immediately revoked and will not be eligible for reinstatement for a minimum period of one year. Because a first DUI offense is a Class A misdemeanor in Illinois, if youre arrested and charged with this crime youll face a potential jail time of one year and fines of up to $2,500. Generally, the officer will ask that the driver take a blood, breath, or urine test. So when the defendant has ticket for DWLS or DWLR, the court may deviate from the mandatory minimum sentence on the second offense. But first, work release has to be available in the county jail, and second, it is subject to the judges approval. There, The breathalyzer test that is part of nearly all driving under the influence arrests serves as the States best evidence, A summary of Illinois penalties for a second DUI, Penalties for first DUI offense in Illinois, Penalties for Illinois DUI with BAC of 0.16 or more, Consequences of DUI on a commercial driver's license, Driving Under the Influence of Drugs: Summary of Illinois Laws, driving with a blood alcohol content of .08 or above; 625 ILCS 5/11-501(a)(1), driving under the influence of alcohol; or driving under the influence of drugs to a degree that renders the person incapable of safely driving, or; 625 ILCS 5/11-501(a)(2) and 501(a)(3), operating a vehicle while under the influence of drugs; 625 ILCS 5/11-501(a)(4), under the influence of a combination of alcohol, drugs, or other intoxicating compounds that results in unsafe driving; 625 ILCS 5/11-501(a)(5), There is any amount of a drug in someones breath, blood or urine resulting from unlawful use or consumption of a controlled substance; 625 ILCS 5/11-501(a)(6). Whether misdemeanor or felony, the second offense of driving while suspended or revoked (DUI-related) has a mandatory minimum sentence of 30 days in jail or 300 hours of community service. The fact that the driver was legally permitted to use the drug (due to a prescription or otherwise) is not a legal defense to a DUI charge. Unlike with impairment DUI charges, a driver's lawful use of a substance can make a difference with some per se charges. PDF History of Illinois DUI Laws The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Class A misdemeanor, Driving while license suspended or revoked is referred to as DWLS or DWLR, respectively. What happens on a second offense of domestic battery in Illinois? If you were driving while drunk and theres enough evidence to back that up, including elevated blood alcohol concentration, failed field sobriety tests, witnesses stating you were driving erratically--most DUI offenders choose to plead guilty. driver was transporting passengers as a vehicle-for-hire. Illinois law on driving while license suspended or revoked makes the second offense a very serious matter. For failed tests (BAC, drug concentration, or FST failures), the DMV will suspend the driver's license for: Test results are often used by prosecutors to prove a DUI charge in court. Examining 3 Types of Bank-Related Fraud Under Illinois Law. Questionable field sobriety test results, blood alcohol level below 0.08%, procedural issues with your arrest, such as the arresting police officer not reading you your Miranda rights, questions regarding the accuracy of blood alcohol content are some factors that create doubt about the justification of your arrest. If the defendants license is suspended because of a statutory summary suspension (the suspension that takes effect on the 46th day after the DUI arrest for having a blood alcohol content of 0.08 or more, or refusing to submit to chemical tests), or revoked because of a DUI conviction, then the second offense can be a Class 4 felony. driving under the influence, Typically, this means an extra, When youre convicted of a 2nd DUI in Illinois, your license will be suspended for at least a year. The 30 days in jail is not subject to reduction for what is known as early release, good behavior, good-time credit, or day-for-day credit. If this happens, your life will be ruined. In Illinois, driving under the influence (aka DUI) is considered any situation in which you are driving or in physical control of a vehicle while:, You have a BAC (blood alcohol concentration) of, Youve consumed any amount of alcohol, intoxicating compound, drug, or combination of such that, in your breath, blood, or other bodily substance, five or more nanograms of tetrahydrocannabinol (THC), concentration in your blood or bodily substance, to those using medical cannabis with a valid registry card unless they are impaired by the cannabis use. Therefore, while the summary suspension may seem unimportant during the felony case, it makes a difference once the case is over. Although most states categorize first time DUIs as misdemeanor offenses, the consequences, both short-term and long-term, are harsh. Illinois statutes also prevent plea deals for this charge. Illinois law on driving while license suspended or revoked makes the second offense a very serious matter. How much does a 2nd DUI in Illinois cost in the long run? Though insurance companies do not differentiate between the two charges, a wet reckless charge, prevent the usual license revocation that follows a guilty sentence for a 2nd DUI., A wet reckless conviction is classified as a class A misdemeanorjust like a 2nd offense DUI. A driver is considered to be in actual physical control of a vehicle if he or she has the immediate ability to put the vehicle into motion. All such charges have a possible sentence of up to one year in jail and a fine of $2,500. So, your record isnt available to the general public, and can only be accessed by a court order. The maximum allowable punishment for a first time offender is one year in jail and up to $2,500 in court fines. For a second DUI charge, a defendant is not eligible for a sentence of supervision. How Does Illinois Define & Punish Cannabis Delivery Crimes? Contact Our Experienced Chicago DUI Attorneys for Legal Advice! What sort of problem could be causing the clicking noise? But what counts as a second DUI, and the consequences if you're convicted, vary by state. mandatory minimum penalty, Refusal to Take Blood, Breath, Urine Test, Do Not Sell or Share My Personal Information. The RDP also requires an IID and may include other restrictions. After all, its a first time DUI offense, and the law is lenient on first-time offenders, right? A first offense DUI in Illinois comes with a combination of criminal penalties enforced by the court and administrative penalties against your drivers license handed down by the Division of Motor Vehicles. If a person drives with any discernible amount of these drugs in their system, they are guilty of a DUI in Illinois. If the reason for the suspension or revocation is NOT related to a DUI such as being suspended for no insurance, tollway violations, unpaid parking ticket, etc. Predictably, getting a 2nd DUI on your Illinois driving record can do a number on your car insurance. Some counties will allow probation and no jail time on a second DUI offense, but no county will allow it for a third offense. first offenses. Most people refuse chemical testing on their third DUI arrest, as well as field sobriety testing. 625 ILCS 5/6-303 A first offender is someone who has not had a DUI or summary suspension in the previous 5 years. Supplemental Terms, This article explains how Illinois law defines DUI, the penalties for a first, second, and third conviction, and some possible options for avoiding certain penalties. In some counties such as Cook County, DuPage County, and Lake County the bond can be used to pay for the services of an attorney. Restricted Driving Permit (RDP). That being said, there is an extremely high volume of tickets for driving while suspended or revoked in Illinois traffic courts. Many people are under the impression that without a chemical test, the arresting officers and prosecutors have no evidence of you driving under the influence but that is not the case. As a first offender, the defendant can receive a Monitoring Device Driving Permit (MDDP) by installing a Breath Alcohol Ignition Interlock Device (BAIID). Additional penalties, including community service, treatment and attendance at a victim impact panel are very common and often required. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. What To Expect From A First Time DUI Charge In Illinois The type of restricted license depends on the type of DUI violation. But the most important consequence of a second time DUI is that it can revoke your driver's license. A third offense for driving under the influence (DUI) is a very serious case because it is not a misdemeanor offense. Before joining Jerry, Shannon was a freelancer writer covering topics such as VR Production and NPO theatre. NOTE: This page reflects new material to explain how the Cannabis Regulation and Tax Act (Public Act 101-0027) adjusted Illinois DUI laws on January 1, 2020. How Is Illinois DUI Law Different From Other States Retain the Help of a DUI Lawyer What Does A DUI Entail? Expungement is where a state destroys the physical copies of your criminal record and removes your name from public and official records regarding a particular crime. one year for a second or subsequent offense within five years. Rarely are first-time DUI offenders sentenced to months or a full year in jail or prison. If the DUI offender was transporting a passenger under the age of 16, the judge will orderin addition to the standard DUI penaltiesa minimum fine of $1,000, 25 days of community service, and up to six months in jail. driving while revoked, We've helped 115 clients find attorneys today. First DUI Offense in Illinois | Dolci & Weiland However, the offender may apply for a restricted driving permit (RDP) to drive to medical appointments, work, school, and/or alcohol or drug treatment. You also wont have to pay the installation cost and monthly fee of an ignition interlock device., When you have a 2nd DUI on your driving record, your insurance provider will need to file an, to prove to the DMV that you carry the state liability insurance minimums., Insurance companies classify drivers convicted with DUIs as, and increase their insurance premiums as a result. There is a 240 hour mandatory period of community service for high BAC offenders. A defendant can be a first offender for purposes of the summary suspension even though on the third DUI offense. Monitoring Device Driving Permit (MDDP). Absent these contingencies, a first time offender with a blow over the legal limit will face a Class A misdemeanor, the highest and most severe categorization of misdemeanors. Privacy Policy and It is common to consider the long-term ramifications. However, the offense is probationable, meaning the defendant can be sentenced to probation instead of prison. As noted above, if the suspension or revocation is related to a DUI, then the case is much more serious. then the offense is a Class A misdemeanor. DUI, 10 days in jail, or performance of 480 hours of community service. Plus, the defendant must perform 25 days of community service in a program benefiting children. Second DUI In Illinois: The Alarming Consequences What does it mean to resist arrest or obstruct a peace officer? Illinois DUI law. Third DUI Offense Illinois | Class 2 Felony 625 ILCS 5/11-501 An experienced DUI attorney can help you get your charges dropped or reduced. Ive been trying to figure out why the cigarette lighter in my car hasnt been working correctly and I think it may be an issue with the fuse, but Im not sure what its labeled as in the fuse boxwhat is a cars cigarette lighter fuse actually called? Cook County, Court supervision is only an option for first time offenders. Illinois Second Offense DUI - Second offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more. Editorial Note: This article was written by a paid member of Jerry's editorial team. It is important to note that the criminal sentencing and ramifications on your license will vary greatly with subsequent DUI arrests. Class 4 felony, Often, this suspension will last, . Sheriff's Work Alternative Program, The penalties and fines for a first-time DUI in Illinois can add up quickly, costing many hours and thousands of dollars, including a lifelong DUI record. . A second ticket for driving while license suspended or revoked is generally a Class A misdemeanor. including state-specific details. Next post: Analyzing 4 Varieties of Illinois Arson Charges. Your thoughts may turn to the effects on your life and the cascading consequences. Driving under the influence, or driving while intoxicated (DWI), are recognized as crimes and offenses across all states in America. When youre found guilty of a 2nd offense DUI in Illinois, your license is automatically revoked and you are mandated to serve a minimum of five days in jail. Once convicted, you may face a one-year license suspension, and the loss can convert to longer suspensions for drivers under 21. These panels generally include speakers who have personally suffered a loss due to a drunk driver. There are additional actions you may face. To get a DUI conviction in court, prosecutors must prove the person was driving or in actual physical control of a vehicle: In other words, a DUI conviction can be based on BAC, actual impairment, or a failed drug test. Once you find a plan you like, Jerrys expert brokers are ready to help handle the calls and paperwork and answer any questions you might have as you navigate coverage moving forward., Receiving a 2nd DUI is a wake-up call in itself.