Penalties for Multiple DUI Offenses in Illinois

 Posted on October 26, 2023 in DUI

Being charged with a DUI in the state of Illinois carries harsh penalties. While a driver’s age, blood alcohol content (BAC), and transporting minors will play a major part in determining punishment, prior convictions will result in more severe penalties. 

Our Joliet DUi defense attorneys are here to offer representation for individuals who have been convicted of a felony charge or aggravated DUI.

Revocation of Driving Privileges 

There are different penalties for those who test above the legal limit to drive (meaning your BAC is 0.08 grams per deciliter or higher) and for those who refuse chemical testing. As a licensed driver in Illinois, you automatically consent to a chemical test of your blood, breath, or urine to evaluate your blood alcohol level. 

Second and Third DUI

A second DUI is a Class A misdemeanor, which is the most severe misdemeanor you can be charged with in Illinois. If you are receiving your second DUI or refuse to take a chemical test, you will have your license suspended. 

If you have a BAC above the legal limit, your license will be suspended for one year, while a refusal to take a blood, urine, or breathalyzer test will result in having your license suspended for three years. 

The time frame between your first and second DUI also matters. If your second DUI conviction is within 20 years, you will automatically lose your driving privileges for five years. A third DUI conviction will result in your license being revoked for 10 years.

Fourth, Fifth, Sixth, and Subsequent DUI Convictions

If you are convicted for your fourth, fifth, sixth, or any subsequent DUIs, you will have your driving privileges revoked for life.

Under 21 Years Old

If you are under 21 years old, the penalties are harsher. If it is your second DUI, your license will be suspended for at least five years or until you turn 21. Your driving privileges will be taken away for whichever period is longer.

Fines, Community Service, and Imprisonment

Anytime a DUI offense results in a felony charge, it is considered an aggravated DUI. 

If you are discovered to be carrying a child under the age of 16, and it is your second DUI conviction, it is a Class 4 felony. A Class 4 felony carries with it jail time of one to three years and a potential fine of $25,000. 

However, if you were transporting a child under 16 and there was a crash that resulted in the child suffering bodily harm, even if it is only your second DUI conviction, you will be charged with a Class 2 Felony. You could spend three to seven years in jail and have to pay a mandatory fee of $25,000. You will be required to participate in 25 days of community service for a program benefiting children. The same punishment applies if you were transporting a child under the age of 16 and are charged for your third or any subsequent conviction.

Your fines will also increase if your BAC is double the legal limit (.16%) or more. A mandatory fine for a second conviction begins at $1,250, with a sixth conviction resulting in a mandatory fine of $5,000.

A Will County DUI lawyer will develop a strategy to best defend the charges against you in court. This may involve pointing out inaccuracies in the police report or gathering witness statements to help reduce or dismiss your charges.

Contact a Joliet, IL, DUI Defense Lawyer

Law enforcement does not always have the facts straight. When you hire us, you are hiring attorneys who are willing to comb through all evidence to bring any inconsistencies to light. Contact McNamara Phelan McSteen, LLC today to schedule your free initial consultation with a Will County, IL, defense attorney.