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.
“Driving under the influence” is defined as operating a motor vehicle while impaired by alcohol, other drugs including cannabis (marijuana), or intoxicating compounds and methamphetamine. In Illinois, a driver is legally considered to be under the influence if they have a blood-alcohol content (BAC) of .08 or more, have used any illegal substance, or they are impaired by medical marijuana.
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 stop or arrest for DUI. 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 be suspended unless your attorney can challenge the stop or is successful during a summary suspension hearing.
In Illinois, you can face DUI penalties before even going to court. You can have your license suspended for six months the first time you refuse to submit to breathalyzer or blood test. The length of the suspension of driving privilege increases with each additional 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 DUI conviction are also more severe than the penalties of a first DUI conviction. A second DUI conviction in DuPage County is a Class A Misdemeanor punishable by a mandatory minimum of five days jail time or 240 community service hours and suspension of vehicle registration.
If convicted of a second DUI offense within 20 years, your driver's license will be suspended for a minimum of five years. If the second DUI offense occurs within five years, in addition to other fines and penalties, you will be sentenced to five days in jail or 30 days of community service. You may also be fined up to $2,500 and given a jail sentence of up to one year.
If your BAC is .16 or higher, the mandatory jail time increases by two days and there is a mandatory fine of $1,250. If the DUI offense involved transporting a child under the age of 16, you face charges for aggravated DUI, which is a Class 4 Felony punishable by a minimum of one year in State Correctional Facility, but not to exceed three years. If a child under the age of 16 is injured in any crash resulting from your DUI, you will face a Class 2 Felony punishable by a term of imprisonment no less than three years and no more than seven years, and a mandatory minimum fine of $2,500 and 25 days of community service.
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.