What Are the Penalties for Repeat DUI Convictions?

 Posted on December 02, 2022 in Criminal Defense

Most people in Illinois are aware that the state imposes criminal penalties for drinking and driving, but fewer realize that criminal penalties for driving under the influence (DUI) crimes increase with repeat offenses. If you were arrested for a second or third DUI offense, you may be facing severe criminal penalties. It is important to work with a DUI defense lawyer who can help you defend yourself against the charges. 

Repeat DUI Penalties in Illinois

There are administrative penalties for failing a chemical blood alcohol content that are separate from any criminal penalties resulting from a DUI conviction. Many DUI traffic stops begin with police officers requesting that the alleged offender submit to breath alcohol testing. Failing a breath test leads to driving privileges being suspended for six months. Failing a chemical test a second or subsequent time will be punishable by driver’s license suspension of one year. If a person refuses to submit to chemical testing, then their driving privileges are suspended for one year for a first offense and three years for a second or subsequent offense.

Multiple factors can impact a person’s sentencing for a DUI crime in Illinois. In addition to the number of time a person committed the offense and their blood or breath alcohol content (BAC), their own age and the age of their passengers can also be important. For most first DUI offenses, a person will be charged with a Class A misdemeanor that is punishable by up to 364 days in jail, a fine of up to $2,5000, and one year revocation of driving privileges.

A first offense involving a BAC of 0.16 or more is still a Class A misdemeanor, but will involve a mandatory minimum of 100 hours of community service. When an alleged offender commits a first DUI while having a passenger less than 16 years of age, they can face up to six months in prison and 25 days of being in a program benefiting children, although a person who crashes a vehicle while transporting a child less than 16 years of age can face Class 4 felony charges if the crash causes bodily harm to the child.

A second DUI is also a Class A misdemeanor again punishable by up to 364 days in jail and a fine of up to $2,5000, but revocation of driving privileges can be five years for a second conviction within 20 years. The offense becomes a Class 4 felony if committed while transporting a child less than 16 years of age and a Class 2 felony if the alleged offender is involved in a crash causing bodily harm to the child.

A third DUI conviction will be a Class 2 felony. Driving privileges will be revoked for 10 years in such cases, and any offense involving transporting a child less than 16 years of age becomes punishable by a fine of up to $25,000 and 25 days of being in a program benefiting children. 

Fourth convictions are also Class 2 felony charges, while fifth convictions are Class 1 felony charges and both fourth and fifth DUI convictions can result in lifetime revocations of driving privileges. A sixth conviction will be a Class X felony.

Any DUI offense resulting in felony charges is classified as aggravated DUI in Illinois. People who are sentenced to probation or conditional discharge for aggravated DUIs must serve a minimum 480 hours of community service or 10 days in prison.

Contact a Cook County DUI Attorney

If you were recently arrested for an alleged DUI offense anywhere in Northern Illinois, do not wait to get yourself legal representation. You will want to be working with Luisi Legal Group because our experienced Chicago DUI lawyers will be able to identify all of your strongest defenses against your criminal charges. 

Our firm understands the difficult position that DUI charges place people in and we work with you to help you navigate your life. You can call 773-276-5541 or contact us online for a free consultation. 

Source: 

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf