Second Offense DUI in Illinois

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Felony vs Misdemeanor Charges

A second DUI offense in Illinois is treated as a Class A misdemeanor unless “great bodily injury” results from the DUI incident. In that case, the offense is treated as a Class 2, 3, or 4 felony (depending on the nature of the injuries and damage, as explained below).

Administrative Penalties

If you are arrested for a second DUI in Illinois, your driver's license will be suspended. You have 46 days from the date of your arrest to request a court hearing against the license suspension. The license suspension period for a second offense DUI within 20 years is five years. Once the driver’s license is suspended for DUI, an individual can apply to the Secretary of State for a restricted driving permit. However, if the defendant refuses the chemical test, the suspension period is extended to three years and the individual will not be eligible for a restricted driving permit or hardship license for the entire period of suspension.

Look Back Period

In Illinois, the look-back period is for as long as you have had driving privileges in Illinois. All previous DUIs in the state count towards future conviction. Penalties may vary depending on when the prior DUI was committed. For example, a second conviction within a 20-year period will result in suspension of driving privileges for five years.

Criminal Penalties

A second offense DUI is a Class a misdemeanor and is punishable with imprisonment that can extend up to one year. The mandatory requirement is five days of imprisonment or 240 hours of community service. The individual can also be subject to a maximum fine of $2,500. If a person is convicted of a second offense DUI within a 20-year period, the offense will result in loss of driving privilege for five years.

If the driver with a second offense had a BAC of .16 or more, in addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250. If committed while transporting a child under age 16 (Aggravated DUI), it's a Class 4 felony. If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI), it's a Class 2 felony. In addition to any other criminal or administrative sanctions for that offense there is a mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

Plea Options

In Illinois a person charged with a second offense DUI cannot enter into plea negotiations with the prosecutor. It is barred by statute.

Updated by: , Attorney

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