First, Second, and Third DUI Convictions in Illinois

In Illinois, DUI (driving under the influence) is a serious offense that refers to operating a motor vehicle under the influence of alcohol and/or prescription, abused, or illegal drugs. Penalties can be severe and vary from state to state, and many people have trouble understanding the ramifications of the DUI; here’s what to expect for first, second, and third DUI convictions in the state of Illinois.

First Offense

A first DUI offense is a Class A misdemeanor that typically results in a suspended jail sentence of up to a year and conditions of release, such as probation, community service, and counseling.

A first-time conviction of DUI will lead to a revocation of driving privileges for a year, but two or more years if you are under 21. You will also have any vehicle registrations that are in your name suspended until notified by the State that they have been reinstated.

Ignition Interlocks

If you are convicted of DUI, you may be ordered to keep a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle during a restricted driving period as you regain your driving privileges.

A few fees are associated with this and, basically, the device prohibits you from operating your vehicle if your BAC is above 0.02%. The device typically has a computer chip that reports results directly to law enforcement, which makes them aware of any attempts to operate under the influence while on probation or bail conditions.

Second Offense

Even though, nearly 90% of those arrested and charged with DUIs are first offenders, some individuals receive a second charge for DUI within 20 years of the first, which qualifies as their second offense, also a Class A misdemeanor, without aggravating circumstances.

If you have two DUI convictions, you will have a restricted driving permit and a BAIID on your vehicle for five years, as well as associated costs. Convictions result in loss of license for five years, suspension of vehicle registration, and a five-day jail sentence or 240 hours of community service, and if your BAC is 0.16% or higher, you face a fine of $1,250 with an additional two days in jail in Illinois.   

Third Offense

Your third DUI charge is a Class 2 Felony which carries a loss of driving privileges for ten years as well as vehicle registration suspension. If your BAC is 0.16% or higher, there is an additional $2,500 on top of fines levied and an additional 90 days in jail. If the driver has children under age 16 in the vehicle for any DUI offense, it is considered aggravating conditions and the penalties are severe.

Fourth and Fifth convictions for DUI carry lifetime loss of driving privileges in the state of Illinois.

Costs of a DUI

The State of Illinois imposes substantial penalties and fines on drivers convicted of DUI, which makes it prudent to hire an attorney that specializes in DUI law to represent you.

The cost of a first-time DUI is over $18,000, which includes probably spike in insurance rates, reinstatement fees, court costs, fines, loss of income during court appearances and incarceration, counseling, and BAIID supervision costs — not to mention the pain and suffering associated with a DUI charge and the legal aftermath of a conviction. 

Driving Under the Influence is a serious offense in Illinois, even if it is a first offense. Make sure that you are represented with legal counsel that has experience working with DUI cases. In the Chicago, Illinois are, call or contact Daniels, Long & Pinsel, LLC; they have years of expertise working with Illinois defendants facing DUI repercussions. Call for a consult today.

Leave a Reply