An arrest for driving under the influence, or DUI in Illinois results in penalties that vary greatly depending upon the circumstances involved and the history of the person charged. Most DUI offenses in Illinois are class A misdemeanors, but some DUI offenses may be charged as felony aggravated DUI in Illinois. Careful examination of the specific circumstances of your arrest and background by an Illinois DUI lawyer experienced in the Chicago area courts is a must.
Fagan, Fagan & Davis are Illinois DUI lawyers focussing on helping people like you in Chicago area courthouses in Cook County, Lake County and DuPage County. We provide experienced, aggressive and caring defense to clients facing DUI penalties. You need to know the basics of what you face.
First DUI arrest in Illinois
A first DUI arrest in the state of Illinois is considered to be a Class A misdemeanor - don't let the term misdemeanor fool you, it's the most serious thing most people will ever deal with in a courtroom. A first DUI conviction can result up to a year in jail, and in a driver's license revocation for at least one year, or for a minimum of two years if the driver is under the age of 21. The state will also suspend your vehicle registration and require special mandatory insurance if convicted.
If the DUI includes proof of blood alcohol concentration (BAC) of 0.16 percent or higher, the Court must impose a mandatory minimum fine of $500 and will require a mandatory minimum of 100 hours of community service.
A DUI in Illinois while transporting a child under the age of 16 mandates a minimum jail term of six months, a mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.
A DUI while transporting a child under the age of 16 involving a crash resulting in bodily harm to the child is just one way a DUI becomes an aggravated felony DUI, with a mandatory fine of $2,500 and 25 days of community service in a program benefiting children.
Second DUI arrest in Illinois
A second DUI in the state of Illinois is also typically a Class A misdemeanor. Unlike most first offenses, a sentence of Court Supervision isn't an option in Illinois where you had a prior DUI or Reckless Driving (except in very rare cases). Conviction within ten years of a prior DUI results in a mandatory minimum sentence of imprisonment for five days or performance of 240 hours of community service. The Secretary of State will also revoke your driving privileges for a minimum of one year for a first conviction or for five years for a second conviction within 20 years of a first. And, the state will also suspend your vehicle's registration.
If the second DUI was committed with a BAC of 0.16 percent or higher, there will be a mandatory sentence of imprisonment of two days and a mandatory minimum fine of $1,250.
If the second DUI was committed while transporting a child under the age of 16, it will be considered to be an aggravated DUI or a Class 4 felony.
If the second DUI was committed while transporting a child under the age of 16 and the offense involved in a crash that resulted in bodily harm to the child, the offense will be considered to be an aggravated DUI or a Class 2 felony. There will be a mandatory fine of $5,000 and a requirement to engage in 25 days of community service in a program benefiting children.
Third or aggravated DUI arrest in Illinois
A third or aggravated DUI is considered to be a Class 2 felony. It will result in the revocation of your driving privileges for a minimum of 10 years, as well as the suspension of your vehicle registration.
If the third DUI was committed with BAC of 0.16 percent or higher, there will be a mandatory sentence of imprisonment of 90 days and mandatory minimum fine of $2,500.If the third DUI was committed while transporting a child under the age of 16, you can expect a mandatory fine of $25,000 and a requirement of 25 days of community service in a program benefiting children.
Fourth or aggravated DUI arrest in Illinois
A fourth or aggravated DUI is considered to be a Class 2 felony. A conviction will result in revocation of your driving privileges for life with no relief available, as well as the suspension of your vehicle registration.
If the fourth DUI was committed with a BAC of 0.16 percent or higher, there will be a mandatory minimum fine of $5,000.
If the fourth DUI was committed while transporting a child under the age of 16, you can expect a mandatory fine of $25,000 and a requirement to engage in 25 days of community service in a program benefiting children.
Fifth or aggravated DUI arrest in Illinois
A fifth or aggravated DUI is considered to be a Class 1 felony. Your driving privileges will be revoked for life with no relief available, as well as a suspension of your vehicle registration.
If the fifth DUI was committed with a BAC of 0.16 percent or higher, you can expect a mandatory minimum fine of $5,000.
If the fifth DUI was committed while transporting a child under the age of 16, the mandatory fine will be $25,000 and you will be required to engage in 25 days of community service in a program benefiting children.
Sixth or subsequent DUI arrest in Illinois
A sixth or subsequent DUI will be considered to be an aggravated DUI or a Class X felony. There will be a revocation of your driving privileges for life with no relief available and a suspension of your vehicle registration.
If the sixth DUI was committed with a BAC of 0.16 percent or higher, you will face a mandatory minimum fine of $5,000.
If the sixth DUI was committed while transporting a child under the age of 16, there will be a mandatory fine of $25,000 and a requirement of 25 days of community service in a program benefiting children.
Additionally, any DUI offense resulting in felony charges is classified by the state of Illinois as an aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction by a judicial officer. Anyone who is sentenced to probation or a conditional discharge also must serve a minimum 480 hours of community service or 10 days of imprisonment.
Additional consequences of a DUI conviction:
- A DUI conviction is a permanent part of your driving record.
- You may lose work time.
- You'll be required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated.
- You'll need to meet the requirements of the Illinois Secretary of State's Department of Administrative Hearings prior to obtaining a restricted driving permit (RDP).
- A breath alcohol ignition interlock device (BAIID) may be installed on the your vehicle as a condition of driving relief.
- You may be required to carry high-risk auto insurance for a period of three years.
- Your vehicle registration will be suspended.
The vehicle, watercraft or aircraft of any driver may be seized or impounded by local authorities for:
- Committing a DUI while driving privileges are suspended or revoked for a previous DUI or for a conviction of reckless homicide;
- Committing a DUI with a previous conviction for reckless homicide, an aggravated DUI resulting in death or great bodily harm;
- Committing a third or subsequent DUI;
- Committing a DUI without a valid driver's license or permit; or
- Committing a DUI while uninsured.
The DUI criminal charge is prosecuted and adjudicated in the Illinois court system. This charge is separate from the statutory summary suspension, which is an administrative process. A person convicted of DUI whose driving privileges were suspended because of a statutory summary suspension will have that time credited to the minimum period of revocation of driving privileges.
If a driver is convicted of DUI in another state, the conviction will be added to their driving record in the state of Illinois and will result in revocation of their driving privileges.
The attorneys at Fagan, Fagan & Davis have defended countless clients against DUI charges throughout the Chicago area courts, including those located in Cook County, DuPage County and Lake County. The attorneys at Fagan, Fagan & Davis understand which defense strategies are the most effective in court and how to challenge evidence gathered by law enforcement and offered by the prosecution. Contact us now for a free consultation.
