Second DUI in Illinois | DUI Penalties for Second DUI

How Much Time Can You Get For Two DUIs in Illinois?

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Second DUI Illinois 2018

Illinois takes drunk driving very seriously. Driving while under the influence (DUI) of alcohol or drugs can impair driving and endanger the safety of everyone on the road. The standard of impairment is not determined by whether a person feels impaired or not. Rather, Illinois has determined a blood alcohol content (BAC) level that is considered legally impaired. When drivers get behind the wheel with a BAC over the legal limit, they are considered to be driving under the influence and can be arrested, charged and convicted of DUI. Each subsequent conviction carries higher penalties and restrictions. A second DUI conviction is much more serious than a first DUI.

Illinois Illegal Limits

Many drivers get behind the wheel after having a few drinks thinking that they are not impaired and can legally drive. Unfortunately, DUI is not determined by how impaired a driver feels. Instead, Illinois uses a person’s blood alcohol content (BAC) to determine impairment. In Illinois, a BAC of .08 or above is considered legally impaired. It is illegal to operate a motor vehicle with a BAC of .08 or above. For drivers under 21 a BAC over .00 is considered impaired, and for commercial drivers, a BAC over .04 is impaired. A person’s BAC can be influenced by how many drinks are ingested, if food has been eaten, how much time has passed, and the person’s size. Be safe when drinking and avoid arrest by not getting behind the wheel.

Penalties for a Second DUI

In order to deter drunk driving, Illinois has legislated serious penalties for those that break the law. Penalties increase for each subsequent violation of the law. A first time DUI violation is a class A misdemeanor. Class A misdemeanors have the possibility of up to one year in jail and up to a $2,500 fine. A person is only eligible for supervision for their first DUI violation. A second DUI violation will result in a DUI conviction, a minimum of one year revocation of driver’s license and suspension of the vehicle’s registration. While second DUI violations are also a class A misdemeanor, with the same possibility of up to one year in jail and up to a $2,500 fine, it also has a mandatory minimum sentence of 5 days imprisonment or 240 days of community service. A third DUI violation will result in a second DUI conviction. This will result in the felony charge of aggravated DUI. Additionally it results in a minimum of 5 years revocation of driver’s license and suspension of the vehicle’s registration. As part of the sentence, a DUI conviction requires completion of a drug/alcohol treatment evaluation and program.

  • First DUI violation- Class A misdemeanor
    • up to one year in jail
    • up to a $2,500 fine
    • one year revocation of driver’s license if the driver receives a conviction rather than supervision
    • suspension of vehicle registration if the driver receives a conviction rather than supervision
  • Second DUI violation- Class A misdemeanor
    • up to one year in jail
    • up to a $2,500 fine
    • mandatory minimum sentence of 5 days imprisonment or 240 days community service
    • five years revocation of driver’s license if the driver did not receive supervision on his/her first DUI
    • suspension of vehicle registration

Every DUI case is different and the sentence differs depending on the individual circumstances of the offense. If the BAC is over .16 or if a child under the age of 16 is present in the vehicle, the penalties increase. Though not every second DUI conviction results in a person spending a year in jail, it is possible. At the very least, a second DUI conviction will result in the mandatory minimum sentence of 5 days imprisonment or 240 days community service.

DUI Criminal Defense Attorney

Regardless of the situation, if you are arrested for DUI, it is essential to contact a DUI Criminal Defense Attorney to make sure your rights are protected. Dennis Dwyer has vast experience dealing with all types of DUI cases and has an intricate understanding of Illinois DUI law. Contact his office today to consult with him about your DUI charge.

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