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3rd DUI in Illinois

If you have two previous DUI convictions in the state of Illinois, a new arrest is no light matter. If you are convicted of a third DUI, you could face mandatory time in jail and five-figure fines, among other serious penalties.

A third offense for driving under the influence is a very serious case because it is not a misdemeanor offense. Rather, a 3rd DUI in Illinois is considered a Class 2 felony. A Class 2 felony is punishable by 3-7 years in the Illinois Department of Corrections. However, the offense is probationable, which means that the defendant can be sentenced to probation instead of prison.

Probation for a Class 2 felony offense can last for up to 4 years. But if the court sentences a defendant on a third DUI offense to probation, a jail sentence is almost sure to follow.

Class 2 Felony

Felonies are the second most serious class of crimes, and they are categorized into five classifications – Class X, 1, 2, 3, and 4. Illinois considers all crime serious.

A Class 2 felony is punishable by three to seven years in state prison and/or fines not to exceed $25,000. The prison sentence for a Class 2 felony in Illinois would be administered by the Illinois Department of Corrections.

The penalty for a Class 2 Felony in Illinois will vary based on your case and is determined by the judge. The courts can apply the maximum penalty available within each felony charge, the minimum or a combination of a punishments.


Per the statute, 625 ILCS 5/11-501, the offense should have the following penalties:

• 10 days in jail, or performance of 480 hours of community service.
• $1,000 DUI technology fee (paid in addition to the fine and court costs).
• If the defendant’s blood alcohol is greater than 0.16, there is a mandatory 90 days in jail and minimum $2,500 fine.
• If the defendant was transporting a child passenger (someone younger than 16 years old), then the mandatory minimum fine is $25,000 and the defendant must perform 25 days of community service in a program benefiting children.
• 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.

Life afterwards

In the United States, a felony is a very serious offense. So, after serving your sentence, your life may encounter some obstacles. The felony will be on your record, so convicted felons could have trouble when seeking employment. Recently, Illinois has been attempting to assist convicted felons. In 2013, a legislation was signed which does not allow employers to ask job seekers for their criminal history on job applications.

Being convicted of a felony can determine if you qualify for federal assistance for student loans, but this status is also changing. In addition, if you have been convicted of a felony for a drug offense, you will be prohibited from filing for Federal Assistance, such as welfare or Temporary Assistance for Needy Families.

Once sentenced, convictions cannot be expunged for any criminal offense in Illinois, whether a misdemeanor or felony. Under the right circumstances, some records for misdemeanors, namely Class 3 and Class 4 felonies, may be sealed.

Call us for a free consultation

Have you experienced your 3rd DUI in Illinois? Having a DUI is no light matter. It could have devastating consequences. We understand the stress any Illinois DUI charge brings, especially if you are worried about previous convictions.

Contact us for a consultation today!