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DUI Penalties in Illinois

If you have been charged with a DUI it's important to find a knowledgeable and experienced Illinois DUI Lawyer you can trust to represent you in criminal court and at your summary suspension hearing. Without proper defense, you could be convicted of the charges and sentenced to serious penalties, including fines, community service, imprisonment, and driver's license revocation that might be avoided with proper representation. In light of these harsh penalties, it is crucial that you fight the charges with an aggressive advocate by your side.

First DUI: Class A Misdemeanor

  • Incarceration in county jail for up to 1 year
    • Additional sentence of up to 6 months if a child under sixteen was in the vehicle
  • Fines up to $2,500
  • Additional minimum fine of $500 if BAC was above .16%
  • Additional minimum fine of $1,000 if a child under sixteen was in the vehicle
  • Minimum license suspension for 1 year
  • Suspension of vehicle registration
  • Minimum 100 hours of community service if BAC was above .16%
  • 25 days of community service if a child under sixteen was in the vehicle

Second DUI: Class A Misdemeanor

  • Incarceration in county jail for up to 1 year; minimum of 5 days or 240 hours of community service
    • Additional sentence of 2 days if BAC was above .16%
    • Incarceration in county jail for 1 to 3 years if a child under sixteen was in the vehicle (Felony Aggravated DUI)
  • Fines up to $2,500
  • Additional minimum fine of $1,250 if BAC was above .16%
  • Additional fine up to $25,000 if child under sixteen was in the vehicle (Felony Aggravated DUI)
  • Minimum license suspension for 5 years (if second conviction within 20 years)
  • Suspension of vehicle registration
  • Minimum of 25 days of community service if child under sixteen was in the vehicle

Third DUI: Class 2 Felony (Aggravated DUI)

  • Incarceration in county jail for 3 to 7 years
    • Additional sentence of 90 days if BAC was above .16%
    • Additional sentence of up to 1 to 3 years if child under sixteen was in the vehicle
  • Fines up to $2,500
  • Additional minimum fine of $2,500 if BAC was above .16%
  • Mandatory fine of $25,000 if child under sixteen was in the vehicle
  • Minimum license suspension for 10 years
  • Suspension of vehicle registration
  • Minimum of 25 days of community service if child under sixteen was in the vehicle

Fourth DUI: Class 2 Felony (Aggravated DUI)

  • Incarceration in county jail for 3 to 7 years
  • Fines of $5,000 to $25,000
    • Additional mandatory minimum fine of $25,000 if child under sixteen was in the vehicle
    • Additional mandatory minimum fine of $5,000 if BAC was above .16%
  • Lifetime license revocation, no exceptions
  • Suspension of vehicle registration
  • Minimum of 25 days of community service if child under sixteen was in the vehicle

When are the penalties increased under Illinois DUI Law?

There are certain cases in which the penalties for drunk driving may be enhanced. A basic, first-time offense is charged as a misdemeanor crime; however, in some cases, a DUI will be charged as a felony, which will warrant much stricter penalties, including higher fines, longer license suspensions and more time in jail or prison. Factors that commonly lead to enhanced penalties include:

  • Causing an accident that results in serious bodily injury or death
  • The driver's blood alcohol concentration
  • A defendant having at least two prior DUI convictions on his or her record
  • The amount of time since any prior DUI conviction
  • The age of the driver
  • A defendant committing DUI while his or her driver's license was suspended or revoked
  • A defendant committing DUI while the vehicle or motorist was not insured

Charged with drunk driving in the Chicago area? Contact our team!

If you were arrested for a DUI, no matter if it is your first or fourth offense, it is imperative that you retain knowledgeable and seasoned defense for your case. Our team at Fagan, Fagan & Davis has more than 100 years of combined experience, and we are dedicated to providing the people of Illinois with aggressive defense against drunk driving charges. We are intimately familiar with the tactics prosecutors use in DUI trials, and we can prepare a comprehensive and compelling defense to challenge the allegations. Regardless of the specifics of your situation, you deserve to be represented by a firm that is absolutely committed to protecting your rights and advocating for your best interests at every step of your proceedings. Conviction for intoxicated driving will have devastating impact upon your freedoms and future, so do not hesitate to enlist a skilled Chicago criminal defense lawyer today. Call our offices to discuss your charges and learn how we can fight for you!

Where do we appear in court?

Our Des Plaines location is strategically located minutes from I-294, Edens expressway and I-355. We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout Cook, Lake and DuPage county courts, including all of Chicago, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton and more.

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