What Are the Consequences for a Second or Third DUI in Illinois?

St. Charles drunk driving defense attorney

The state of Illinois takes drunk driving very seriously. According to the National Highway Transportation Safety Administration (NHTSA), nearly 30 people die as a result of accidents involving an intoxicated driver every day in the United States. In order to dissuade drivers from driving under the influence of alcohol or drugs, Illinois has enacted several penalties for this type of impaired driving. Penalties for second or subsequent DUI are typically much harsher than penalties for a first-time DUI. If you have been arrested and charged with driving under the influence, speak to an experienced DUI attorney to learn about your defense options.

Understanding Illinois DUI Laws

According to Illinois statutes, it is illegal for an individual to drive or be in actual physical control of a vehicle if he or she:

  • Is under the influence of alcohol

  • Has a blood alcohol concentration (BAC) of 0.08 percent or more

  • Is under the influence of drugs or a combination of alcohol and drugs that makes him or her unable to drive safely

  • Has any amount of a controlled substance in his or her blood or other bodily substance

  • Has a THC blood concentration of five nanograms or more or 10 nanograms or more in another bodily substance

Even though recreational marijuana became legal in Illinois as of January 1, 2020, it is still against the law to drive under the influence of cannabis if it makes you unable to drive safely or if your blood THC content is over the legal limit.

Penalties for Multiple DUIs in Illinois

A second DUI is classified as a Class A misdemeanor in Illinois. If you are convicted of driving under the influence for the second time, you may face penalties, including:

  • Driver’s license suspension for five years

  • Five to 364 days in jail

  • Fines up to $2,500

If you are convicted of a third DUI, this is a Class 2 felony offense. You can face penalties such as the following:

  • Driver’s license suspension for 10 years

  • Up to seven years of incarceration

  • Fines up to $25,000

If certain aggravating factors are present in your alleged offense, you might face much harsher penalties. For example, if you are convicted of a second DUI, and you had a passenger in your vehicle under age 16, you may be sentenced to up to seven years in prison.

Contact an Illinois Drunk Driving Defense Lawyer

Depending on the circumstances, a drunk driving arrest may carry serious penalties that can significantly affect your future. Being convicted of a second or third DUI in Illinois can result in the loss of your driving privileges, heavy fines, and even your freedom. Contact Law Office of Glenn M. Sowa, LLC for legal guidance regarding DUI charges. Schedule a free and confidential consultation with an experienced St. Charles criminal defense attorney by calling our office today at 630-232-1780.

 

Source:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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