Every DUI offense can result in serious penalties. With each DUI offense the penalties increase. Each case is unique and the charges depend on the circumstances of the case. Higher penalties result when a child under 16 is in the car or if the blood alcohol content (BAC) is double the legal limit. Depending on your situation, a third DUI can have high consequences.
What are the possible penalties of a third DUI offense?
A third DUI offense is a Class 2 felony. This has a possible sentence of:
- 3-7 years in prison
- Up to $25,000 in fines
A third DUI offense is eligible for probation of up to 48 months. It also has a mandatory sentence of at least 10 days in jail or 480 hours of community service.
What is the possibility of jail time for a third DUI offense?
Most of the time, a third DUI offense will result in jail time. Good time credits may reduce the actual time served. Work release may also be possible.
Should I take a plea or go to trial?
Every situation is different so it is important to discuss your specific case with an attorney. In general, on a third DUI, it is a good idea to take a plea for probation if the prosecution has a strong case against you. If the case goes to trial there is a high likelihood of a prison sentence. However, each case is different and requires a thorough evaluation by an experienced attorney .
Will I have to pay bond to get released after arrest?
For a third offense, it is typical to have to post bond. The amount of bond that you have to post is in the discretion of the judge. Each judge is different as far as how much of a bond they will set for a third DUI and the bond can be very fact specific. In some counties, the bond can be used to pay the attorney.
Should I refuse chemical testing if it is my third arrest?
Many people feel that there is less evidence against them if they refuse to submit to the chemical testing. While this is true, it is important to remember that Illinois is an implied consent state. If you refuse to submit to chemical testing, then you have an automatic suspension of your driver’s license. For a first offense (or the first offense after five years), the period is for one year, but it is possible to get a Monitoring Device Driver’s Permit and drive with a Breath Alcohol Ignition Interlock Device installed on the car during the suspension period. However, for a third offense the period is usually for three years and it is harder to get a permit. This must be weighed before making a decision. Always talk to an attorney for specific legal advice.
What should I do if I get arrested for a third DUI offense?
Always call an attorney if arrested. An attorney will help you understand the facts of the case and make a decision about the best course of action. Each and every case is unique. Make sure to call Dennis Dwyer to discuss your case and get specific advice for your situation.