Illinois DUI law code states that it is against the law for any person to drive or operate a motor vehicle while under the influence of alcohol, drugs or any intoxicant with a blood alcohol level of .08% or greater.
What is a Second Offense DUI?
A Second offense DUI in Illinois comes with a combination of criminal penalties enforced by the court and administrative penalties against your driver’s license handed down by the Division of Motor Vehicles.
Misdemeanor vs Felony Charges
A second DUI offense in Illinois is treated as a Class A misdemeanor unless “great bodily injury” results from the incident. In which case the offense is treated as a Class 2, 3, or 4 felony (depending on the nature of the injuries and damage).
Illinois Second Offense DUI
A second offense conviction is a Class A misdemeanor. The penalties for a second offense DUI conviction are laid out below:
Jail time: The maximum jail sentence for a second offense DUI conviction is up to 1 year in county jail. In a second offense, the Judge does have the authority to substitute jail time for a probationary period of up to 2 years.
Community service: There is a 240 hour mandatory service for high BAC offenders. If there was a child under 16 in the vehicle there will be a 25 day mandatory required.
Test refusal: A chemical test refusal will result in a 3 year license suspension. You will not be able to drive during this suspension period.
Ignition interlock: If you are granted a restricted permit during suspension period an ignition interlock will be required. An ignition interlock device (also known as a breath alcohol ignition interlock device) is a breathalyzer for an individual’s vehicle. It requires the driver to blow into a mouthpiece on the device before starting the vehicle.
License revocation: Your driver’s license will be revoked for a minimum of 5 years for a second offense which occurs within twenty years of a first offense conviction. A person convicted of a second offense within ten years may be eligible for a restricted driving permit. Before the Illinois Secretary of State’s Office will reinstate your license or issue you an restricted driving permit, you will be required to file an SR22 form with the Department of Driver Services which shows proof of financial responsibility, in the form of an Illinois SR-22 insurance filing policy. A repeat offender will also have to pay a license reinstatement fee of $500.
Fines: The maximum fines are $2,500 for a second offense conviction. The actual amount of the fines are at the court’s discretion and are based upon the circumstances surrounding the offense. If your BAC reading was .16% or higher, you will have to pay an additional minimum mandatory fine of $1,250.
Schedule a Consultation
If you are charged with a second offense DUI in Illinois, the stakes can be considerably higher. With the Illinois legislature’s increased push to punish drunk drivers, it could be even harder to get a fair deal in court from the prosecutors. This isn’t a charge to take lightly. You need a dedicated Illinois DUI defense lawyer fighting on your side.
Please contact us for a consultation today!