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.
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 Offense||1st||2nd||3rd||4th||5th||6th or subsequent|
|Class of Offense||Class Amisdemeanor||Class Amisdemeanor||Class 2 felony||Class 2 felony||Class 1 felony||Class X felony|
|Jail/Imprisonment||1-364 days||1-364 daysMandatory minimum of 5 days or 240 hours
|3-7 years||3-7 years||4-15 years||6-30 years|
|Periodic Imprisonment||Up to 12 months||Up to 12 months||18-30 months||18-30 months||3-4 years||None|
|Supervision||Up to 2 years||None||None||None||None||None|
|Conditional Discharge||Up to 2 years||Up to 2 years||Up to 4 years||None||None||None|
|Probation||Up to 2 years||Up to 2 years||Up to 4 years||None||None||None|
|Revocation of driving privileges||1 year||5 years minimum||10 years minimum||for life, no relief available||for life, no relief available||for life, no relief available|
|Fine||Up to $2,5000||Up to $2,500||Up to $25,000||Up to $25,000||Up to $25,000||Up 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.