Can I Go to Jail for DUI?
If you are charged with DUI in Illinois, jail time is always a possibility. DUI charges can be very different from each other. In most cases, a first or second DUI is charged as a misdemeanor. Still, there are circumstances that can make this a felony charge.
Relevant factors that can alter a DUI charge include:
- Whether you have been convicted of DUI before;
- How long ago you were previously convicted of DUI;
- Whether your actions caused another person to suffer death or bodily harm;
- Whether you were transporting a child under the age of 16 at the time of the arrest;
- Whether you refused to take a chemical test to determine your blood alcohol content (BAC); and
- Your BAC at the time of your arrest.
For Your First DUI, you Probably Will Not Face Jail Time
If you have been charged with DUI for the first time, it is unlikely that you will be sentenced to jail time. However, it is not impossible. In Illinois, a first time DUI can be punished with up to one year in jail. With subsequent DUI charges, the likelihood of having this penalty imposed increases.
For a second DUI charge, jail time is more likely, but still not guaranteed. A second DUI conviction in Illinois has a mandatory five day incarceration term or a mandatory 240 hours of community service in most cases. If your BAC was 0.16 or higher at the time of your second DUI arrest, there is a mandatory incarceration term of two days.
A third DUI charge is a Class 2 felony in Illinois. If you are convicted of this charge, you will likely have to serve three to seven years in jail. In this type of case, a judge may only offer probation as an alternative to incarceration. If your BAC was 0.16 at the time of the arrest, you are required to serve at least 90 days in jail.
Working with a Criminal Defense Lawyer can Keep you Out of Jail
A criminal defense lawyer’s job is to advocate for his or her client. If your lawyer cannot have your charge dismissed, he or she will try to have your penalties reduced. Any time you are facing jail time or another penalty, make it a priority to work with an experienced criminal defense lawyer to defend your case in court.
Work with an Experienced Naperville DUI Lawyer
A DUI conviction can have a permanent impact on your life. If you have been charged with this offense, contact our team of experienced Naperville DUI lawyers at Law Office of Glenn M. Sowa, LLC today to schedule your initial consultation with a member of our firm. We can discuss your case in greater detail with you and determine the most effective course of action for your case.