Therefore, most three-time DUI offenders take a plea for probation. PDF History of Illinois DUI Laws Driving under the influence with a passenger who is, to another person due to intoxicated driving, or in a school or construction zone while under the influence, The minimum penalties for a 2nd DUI offense in Illinois include five days in jail, license suspension, and a $1,000 fine., While doing jail time for your 2nd DUI may seem like the worst penalty for this offense, there are, you will have to endure, as well. DUI: Second Offense | DuiDrivingLaws.org How Long Will a DUI Stay on Record in Illinois? The second type of per se drug DUI charge in Illinois involves controlled substances, defined and specified in the Illinois Controlled Substances Act. Generally, the officer will ask that the driver take a blood, breath, or urine test. Ultimately, drivers in Illinois must refrain from operating motor vehicles while impaired or face potential criminal consequences for DUI. driving while license suspended, So when the defendant has ticket for DWLS or DWLR, the court may deviate from the mandatory minimum sentence on the second offense. The judge is permitted to sentence the defendant to probation as opposed to jail. Expungement is where a state destroys the physical copies of your criminal record and removes your name from public and official records regarding a particular crime. To schedule a free initial consultation, call us today at (847) 616-9993, or chat with us online to learn how we can help. As a reminder, a person commits DUI if they operate a vehicle with a blood-alcohol concentration (BAC) of 0.08 or more. The penalties listed are the most recent, In the year 2017, driving under the influence remains one of the most highly politicized offenses in Illinois courts. Driving under the influence, or driving while intoxicated (DWI), are recognized as crimes and offenses across all states in America. You can apply for a restricted permit to drive to essential places such as work, school, or necessary appointments. If the reason for the suspension or revocation is NOT related to a DUI such as being suspended for no insurance, tollway violations, unpaid parking ticket, etc. Under Illinois law, any driver whose ability to drive is diminished (due to the consumption of an intoxicating substance) is considered to be under the influence. A "look back" in Illinois only pertains to the suspension of driving privileges. You will however be able to obtain monitoring device driving permit MDDP after 30 days of the revocation period has been served. Do Not Sell or Share My Personal Information. If a person drives with any discernible amount of these drugs in their system, they are guilty of a DUI in Illinois. What Should I Expect If I Get a Second DUI? PDF Illinois 2023 DUI Fact Book What does it mean to resist arrest or obstruct a peace officer? It is important to note that the criminal sentencing and ramifications on your license will vary greatly with subsequent DUI arrests. Thus, your criminal record will still exist, but it can only be accessed by obtaining a court order. Cookie Policy. If there was an accident resulting in great bodily harm, permanent disability or disfigurement, the defendant is eligible for an enhanced sentence of 1-12 years in prison. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. But the judge is also authorized to sentence the defendant to probation and community service instead. The evaluator will often recommend some form of education, treatment, or therapy, which the judge can incorporate into the sentence. Our focus is on your recovery and your rights. The fact that the driver was legally permitted to use the drug (due to a prescription or otherwise) is not a legal defense to a DUI charge. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The penalties listed pursuant to 625 ILCS 5/11-501 include all the newest penalties for driving with THC (Cannabis/marijuana) in your system. Applicants must show evidence of hardship, enroll in a treatment program, and must often serve at least one year of the license suspension. In other counties, such as Will County and McHenry County, the court will not allow the bond to be assigned to the lawyer to pay for legal representation. But the most important consequence of a second time DUI is that it can revoke your driver's license. and you see flashing lights behind you. Driving under the influence in Illinois is taken seriously. Your charge may also be. The Criminal Identification Act allows you to seal criminal records. Request your free consultation today and an attorney will get back to you shortly, Call today for your free initial consultation, What to Expect From a First-Time DUI Offense in Illinois, Motorcycle Laws Every Rider Needs to Know in Illinois, The Dangers of a Rear End Motorcycle Accident, A maximum sentence of up to 364 days in jail, 100 hours of community service for a BAC of 0.16% or higher, The possibility of six months in jail and a 25-day community service commitment to a program benefiting children for transporting minors under 16 while intoxicated, For a BAC of .16% or higher, a minimum of $500 is required, and $1000 when passengers are under the age of 16, Possible mandatory DUI school with costs ranging from $500 to several thousand dollars, A driving record with no infractions at the time of application, Completion of an educational program on alcohol and drug use, Proof of evaluation and treatment, if it is ordered, Appear before a hearing officer with the Secretary of State, Offer evidence you will no longer be a danger to the public if your license is restored, Pass the written, vision, and driving tests again and pay the license application fee, Copyright 2023 Holley, Rosen & Beard, LLC. NOTE: This article has been updated to reflect the law as of 2020. Here to help walk you through it is, savings app. My dealership said I can pick up my car tomorrow. Furthermore, it qualifies as an Illinois DUI to operate a vehicle while impaired by pharmaceuticals, drugs, or controlled substances. We've helped 115 clients find attorneys today. Penalties and Fines of a First-Time DUI. Refusal to Take Blood, Breath, Urine Test, Do Not Sell or Share My Personal Information. Usually, a 2nd DUI in Illinois carries a mandatory minimum jail sentence of, Find insurance savings it's 100% free. How to avoid jail time for a 2nd DUI in Illinois, How to find affordable car insurance in Illinois after a 2nd DUI, A 2nd DUI offense in Illinois usually results in a Class A misdemeanor conviction, which is subject to a minimum of five days in jail or 240 hours of community service. This article explains how Illinois law defines DUI, the penalties for a first, second, and third conviction, and some possible options for avoiding certain penalties. second-offense DUI, and third-offense DUI. Drivers suspended for a DUI incident are normally eligible for a restricted license. Related: Pulled Over for DUI But Not Charged? The law provides that a second offense of DUI is a Class A misdemeanor. If the defendant was not a first offender and the refusal resulted in 3-year suspension, that results in a 3-year period where the defendant cannot get a hardship license. A skilled DUI lawyer can have a better chance of reducing your plea or sentence than you would on your own. Illinois First Offense DUI Penalties Also, the typical sentence on the second offense is just a fine and supervision. But if the court sentences a defendant on a third DUI offense to probation, a jail sentence is almost sure to follow. Rarely are first-time DUI offenders sentenced to months or a full year in jail or prison. If the driver is medically prescribed the marijuana and holds a Compassionate Use of Medical Cannabis Program registry card, he or she cannot be convicted of DUI simply for having a THC content of 5ng/ml or more. There was a problem with the submission. 1813 Hicks Rd Ste BRolling Meadows, IL 60008P: (847) 359-4005Directions, 2100 Manchester RoadBuilding B Suite 915Wheaton, IL 60187P: (847) 999-7227Directions, LET'S START WITH YOURFREE CASE EVALUATION. The value of a highly effective DUI defense attorney cannot be overstated. Transporting passengers under 16 and registering a blood alcohol concentration (BAC) of 0.16% or higher draw more severe penalties. First offenders who had a blood alcohol level of .16% or higher will be required to serve a mandatory 100 hours of community service. Below you'll find information about second-offense DUIs, including state-specific details. Its essential to understand you arent alone after a drunk driving arrest. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What are the Reasons for Rescission of Statutory Summary Suspension for DUI in Illinois? Copyright 2013-2022 The Law Offices of Dennis F. Dwyer. a THC (tetrahydrocannabinol) concentration of at least 5ng/ml of blood. Whether misdemeanor or felony, the second offense of driving while suspended or revoked (DUI-related) has a mandatory minimum sentence of 30 days in jail or 300 hours of community service. The proper legal representation in central Illinois understands the dire situation that a DUI can bring and will look at all the options to work towards the best-case scenario for you. All such charges have a possible sentence of up to one year in jail and a fine of $2,500. You can apply for your SR-22 filing below. With Jerrys help, your car insurance rates can be a little less of a nightmare as you re-evaluate and recover.. convicted, vary by state. You will also be responsible for at least $1,000 in fines in addition to court costs, and your license could be revoked. What are the penalties provided by Illinois law? Generally, there are two ways prosecutors can prove a driver was under the influencewith evidence of actual impairment or chemical test results showing a certain concentration of drugs or alcohol in the driver's system.