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

St. Charles aggravated DUI defense attorney

As it is in every state, it is against the law to drive under the influence of alcohol or drugs in Illinois. Many DUI arrests are the result of failing a chemical blood alcohol content (BAC) test such as a breathalyzer. However, a driver may be arrested for DUI even if he or she does not have a blood alcohol level of 0.08 percent or greater. According to Illinois law, a driver can face DUI charges for being under the influence of any intoxicating compound, drug, or combination of drugs and alcohol to a degree that he or she is unable to drive safely. The penalties for DUI increase with every previous DUI conviction. If you have been charged with your second or third DUI in Illinois, it is crucial that you reach out to a criminal defense attorney for help.  

Criminal Consequences of a Second or Subsequent DUI

A second DUI is typically a Class A misdemeanor in Illinois, which is punishable by a fine of up to $2,500 and a jail sentence of up to one year. You may also be subjected to a driver’s license suspension of five years. Third, fourth, and subsequent DUI convictions are aggravated DUI offenses in Illinois. If you have received two previous convictions for DUI, and you are caught driving under the influence of alcohol or drugs for the third time, this is a Class 2 felony offense. If convicted, you could face up to seven years in prison. You may also face a driver’s license suspension period of 10 years.

In addition, for second and subsequent DUI convictions, you will be required to hold a restricted driving permit (RDP) for five years before being eligible to regain your normal driving privileges after the suspension. This permit will allow you to drive for specific purposes only. These may include driving to work and back or traveling for medical appointments, drug and alcohol programs, or for childcare purposes. As a condition of receiving an RDP, you also must install an ignition interlock device (IID) on your vehicle. The IID works similarly to a breathalyzer test. You will need to breathe into the device before the vehicle will start. If your breath sample has a BAC above a certain level, the vehicle's ignition will not start. 

Contact a St. Charles DUI Defense Lawyer

The penalties for a second or third DUI are much harsher than the punishments for a first-time DUI offense. If you have been arrested for driving under the influence of drugs or alcohol, and you have been convicted of DUI in the past, you could face significant jail time and other serious penalties, including the loss of your driving privileges. For help defending against DUI charges, speak with a knowledgeable and dedicated Illinois criminal defense attorney from the Law Office of Glenn M. Sowa, LLC. We will make sure your rights are protected every step of the way. Call our office today at 630-232-1780 and schedule a confidential consultation to discuss your case.

 

Source:
ilga.gov/legislation/ilcs/documents/062500050K11-501.htm

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