What are the penalties for a second DUI offense in Illinois?

by Sami Azhari on February 8, 2010

Second DUI in Illinois

A second offense for driving under the influence can be scary. A second DUI is a Class A misdemeanor offense, which means that the sentence can be up to one year in jail and a fine of $2,500. But the most important consequence of a second time DUI is that it can revoke your driver’s license.

For a second DUI charge, a defendant is not eligible for a sentence of supervision. The minimum sentence allowable under Illinois law for a second DUI is a conviction. A conviction will cause the Secretary of State to revoke the defendant’s driver’s license.

In addition to a conviction and revoked driver’s license, the defendant is also subject to mandatory minimums such as the following:

  1. Five days in jail or 240 hours of community service.
  2. An assessment of $1,000, which is paid in addition to court costs and the fine.
  3. The second DUI offense will be upgraded to a Class 4 felony if the defendant: 1) has a prior reckless homicide; 2) causes an accident resulting in great bodily harm, disability or disfigurement; 3) has a driver’s license that is suspended or revoked because of a prior summary suspension or DUI conviction; 4) did not have a valid driver’s license;  or 5) did not have proof of insurance.
  4. If the blood alcohol content was 0.16 or greater, the offense is called aggravated DUI, even though it is a Class A misdemeanor. If this is the case, the minimum sentence is 2 days in jail and a fine of $1,250.
  5. Regardless of the blood alcohol content, if the defendant was driving a vehicle with a child passenger (i.e., someone younger than 16 years of age), then the offense is a Class 2 felony. A Class 2 felony has a sentencing range of 3-7 years in the Department of Corrections (prison). However, the defendant can receive probation. This Class 2 felony has a minimum fine of $2,500 and 25 days of community service in a program benefiting children. The defendant must do 10 days in jail or perform 480 hours of community service in addition to the $2,500 fine and 25 days of community service in a program benefiting children.
  6. Regardless of the blood alcohol content, if the defendant causes bodily harm to a child passenger (younger than 16 years old), the offense is a Class 2 felony with 3-7 years prison. The minimum fine in this instance is $5,000. Additionally, the defendant must perform 25 days of community service in a program benefiting children and do 10 days jail or perform 480 hours of community service.

As you can see, the penalties for a second DUI charge are very severe. However, a good lawyer can help you reduce these minimum sentences through negotiation.

A second DUI offense is a serious matter than can result in a revoked driver’s license and even jail time.

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