Being charged with a DUI for the second time carries a new set of risks and challenges that weren't present with the initial conviction. A second DUI conviction could leave you with a more extensive criminal record and impact your future in many different ways. Even if you managed to avoid a conviction the first time around, a second Illinois DUI charge can lead to more severe administrative penalties, criminal penalties, or both.
While the law sets out the parameters of the consequences of a second DUI conviction, it is ultimately a judge who will use their discretion to determine sentencing. In order to maximize your chances of receiving the most favorable sentencing possible or avoid a conviction altogether, it's important to stay informed. Please read the information below on the consequences of a second DUI offense in Illinois.
Both Dominick Dolci and Pat Weiland have been named Top 100 DUI Lawyers in Illinois by The National Advocacy for DUI Defense (NAFDD). They have helped many people charged with DUI avoid the statutory summary suspension of their driving privileges. Call today to find out how they can help you. (630) 261-9098.
The Legal Framework of a Second DUI Conviction
Pursuant to Illinois DUI laws provided in the Illinois Compiled Statutes, driving under the influence is a serious criminal offense and carries significant penalties including jail time, and/or loss of your driving privileges.
Illinois DUI Laws define “Driving Under the Influence” (commonly referred to as 'DUI') as when an individual operates a motor vehicle whilst impaired by alcohol, cannabis (marijuana), or other specified intoxicating compounds which are defined in the Illinois Controlled Substances Act (720 ILCS 570).
All Illinois drivers must remember that they are subject to all Illinois DUI laws, which includes automatically consenting to submit to sobriety tests following a DUI arrest or stop. The laws are commonly referred to as Implied Consent Laws. These tests range from performing a breathalyzer test to blood tests.
Under Illinois DUI law, if you are arrested for DUI with a BAC of .08 or higher, your driving privileges will go under summary suspension unless your attorney can successfully challenge the validity of the DUI stop and can successfully have your suspension rescinded in an Illinois summary suspension hearing.
In Illinois, you can face DUI penalties before even going to court. Your license can go under summary suspension for six months the first time you refuse to submit to breathalyzer or blood test. The length of the summary suspension of driving privilege also will increase with each subsequent refusal to submit to testing.
You should also be aware that at certain time periods, different Illinois counties can put in place No Refusal DUI Initiatives. Under No Refusal, drivers who are pulled over and arrested for DUI may be compelled to take chemical sobriety tests. If you are arrested in DuPage County while No Refusal is in effect, you may be compelled by a warrant to take chemical tests. The availability of judges and medical personnel during No Refusal makes the process immediate, meaning there is little time for you to sober up and it ultimately increases your chances of being convicted of a DUI.
Potential Penalties of a Second DUI Offense in Illinois
An Illinois DUI conviction can lead to administrative penalties, criminal penalties, or both.
Administrative penalties for a Second DUI conviction can include:
- Suspended driver's license
- Revoked driver's license
- Fees to reinstate driver's license
- Suspended vehicle registration
- High administrative fees (court costs)
The length of time a license or vehicle can be suspended and the amount of fees that must be paid depends on your existing criminal record. It is highly likely that they will be more severe than the consequences you received after your first DUI offense.
The criminal penalties for a second Illinois DUI conviction are significantly more severe than the penalties of a first DUI conviction. A second DUI conviction in DuPage County is a Class A Misdemeanor. In Illinois, a Class A Misdemeanor is punishable by a minimum sentence of five days in jail, or 240 required hours of community service and a suspension of your vehicle registration.
The time between offenses can also factor into the penalties for a second DUI conviction. If your second DUI conviction occurs within 20 years from the first offense, your Illinois driver's license will go under summary suspension for at least five years with possibly more time depending on the circumstances of your case. On the other hand, if the second DUI offense occurs within five years following your first DUI offense, you can be required by Illinois law to serve five days in jail or required to complete 30 days of required community service on top of other fines and penalties. In certain cases, you may also be fined up to $2,500 or sentenced to jail time for up to one year.
Other contingencies include:
- If your DUI BAC score is .16 or above, the required mandatory jail time increases by two days and you may face a mandatory fine of $1,250
- If the DUI offense involved the transportation of a child under the age of 16, you can face a more serious charge for an aggravated DUI, which is classified as a Class 4 Felony in Illinois, which is punishable by a minimum of one year in State Correctional Facility, but not to exceed three years
- If you are transporting a child under the age of 16 and they are injured in any crash resulting from your DUI, your DUI can be charged as an Illinois Class 2 Felony, which is punishable by a required imprisonment that is no less than three years and no more than seven years, and you can be required to complete 25 days of community service and face a minimum fine of $2,500
Potential Defenses for a Second DUI Offense in Illinois
There are several ways you can fight a DUI charge in court. The principal defenses for a DUI in Illinois can be based on the procedural errors of the arresting officer (ranging from lack of probable cause to failing to read Miranda rights), the testimony of an eyewitness, and conflicting video footage.
If you are arrested for a second DUI in Illinois, you should immediately contact a top DuPage DUI Lawyer. Dolci & Weiland Partners, Dominick Dolci and Patrick Weiland have been recognized as two of the Top 100 DUI lawyers in the state of Illinois by The National Advocacy for DUI Defense (NAFDD) in 2016. Contact us today to speak with a DUI lawyer for a free consultation.