What Happens if I Get a Fifth DUI in Illinois?

Fifth DUI Illinois

Every time you are convicted of driving under the influence (DUI) of alcohol or drugs in Illinois, the penalties increase. A fifth DUI conviction in Illinois is much more serious than a first time DUI. Over the past decade, Illinois has cracked down on drunk drivers, making the penalties for DUI more and more severe. Your fifth DUI conviction is a class 1 felony. This will result in a revocation of your driving privileges for life with no relief available.

BAC Over .16

BAC stands for blood alcohol content. Having a BAC of .08 or higher while driving is illegal. A BAC of twice the legal limit, .16, has increased penalties above the regular penalty. On a fifth DUI, a BAC of .16 adds a mandatory minimum fine of $5,000 to your penalty.

Transporting a Child

The presence of a child in your car while driving under the influence also increases your penalties if convicted. For a fifth DUI, if you are transporting a child while driving under the influence you will have to pay a mandatory $25,000 fine in addition to any other penalties. Furthermore, you will be required to serve 25 hours in a program benefiting children.

RELATED: What Happens if I Get a 4th DUI in Illinois?

DUI Penalty Chart

The following chart lists the potential penalties for DUI convictions. Every case is different and penalties are determined by the specific case.

DUI Offense1st2nd3rd4th5th6th or subsequent
Class of OffenseClass AmisdemeanorClass AmisdemeanorClass 2 felonyClass 2 felonyClass 1 felonyClass X felony
Possible Penalties:
Jail/Imprisonment1-364 days1-364 daysMandatory minimum of 5 days or 240 hours

community service

3-7 years3-7 years4-15 years6-30 years
Periodic ImprisonmentUp to 12 monthsUp to 12 months18-30 months18-30 months3-4 yearsNone
SupervisionUp to 2 yearsNoneNoneNoneNoneNone
Conditional DischargeUp to 2 yearsUp to 2 yearsUp to 4 yearsNoneNoneNone
ProbationUp to 2 yearsUp to 2 yearsUp to 4 yearsNoneNoneNone
Revocation of driving privileges1 year5 years minimum10 years minimumfor life, no relief availablefor life, no relief availablefor life, no relief available
FineUp to $2,5000Up to $2,500Up to $25,000Up to $25,000Up to $25,000Up to $25,000

Additional DUI Penalties

  • Suspension of Vehicle registration
  • Conviction if a permanent part of driving record
  • Complete alcohol/drug evaluation and treatment program
  • Meet requirements of Secretary of State’s Department of Administrative Hearings
  • Must carry high risk auto insurance for 3 years

Call a DUI Defense Attorney

If you are arrested for a fifth DUI in Illinois, make sure you call a reputable DUI defense attorney right away. Dennis F. Dwyer defends against DUI charges. A fifth DUI convictions has severe penalties. Call his office today to discuss your case.

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