When a driver has a prior DUI conviction on his or her record, a second DUI will have more of an impact. The penalties for a second DUI are enhanced, potentially including longer periods of license suspensions, license revocation, conviction, heavier fines, mandatory community service and imprisonment. Because so much is at stake in these matters, it is of the utmost importance that you act quickly and involve a Chicago DUI defense attorney who can get to work protecting your driving privileges and legal rights.
What are the penalties for a second Illinois DUI?
There are two key consequences of a drunk driving arrest: statutory summary suspension and criminal charges. Statutory summary suspension is the automatic suspension of one's driving privileges for a failure or refusal to submit to breath or blood testing. A second time offender will face 1-year license suspension for failing a chemical test within 5 years of a previous suspension or conviction, without the possibility of applying for a Monitoring Device Driving Permit (MDDP), which would allow him or her to drive for limited purposes with an ignition interlock device installed in his or her primary vehicle. A refusal of a breath test where there was a previous DUI suspension within 5 years results in 3-year long suspension. If convicted on criminal charges for a second DUI offense, a driver must be convicted (supervision is not possible) and at the very least, faces the following penalties:
- Up to 364 days in jail
- Fines of up to $2,500 plus court costs
- Mandatory minimum imprisonment for 5 days or 240 hours of community service
- Automatic revocation of driving privileges (different than suspension)
Additional penalties may apply if the driver is accused of having a blood alcohol concentration of .16% or greater, causing a car accident resulting in serious injury or death, or having a child in the vehicle at the time of the offense. Other factors can also lead to felony DUI enhancement.
Enlist the Representation You Deserve
To avoid the many serious consequences of a second conviction, make sure you have an Illinois DUI lawyer actually qualified to help. By contacting Fagan, Fagan & Davis to talk to an attorney about your case, you can get a head start in avoiding a conviction and maximum penalties for a second DUI. There are a number of ways to build a successful defense strategy, even in the face of a second or subsequent driving under the influence offense. With our experience and knowledge in this field, we can determine exactly how we can help you. Call our offices today to retain aggressive advocacy to help fight your charges!