Second DUI Offense in Illinois

In Illinois, the penalties you'll face for a DUI conviction depend primarily on the number of prior convictions you have. This article covers the basics of Illinois DUI laws and the consequences of a second DUI conviction.

Illinois DUI Laws

In Illinois, it's unlawful for a person to drive or be in "actual physical control" of a vehicle:

• with a blood alcohol content (BAC) of .08% or more
• while under the influence of alcohol
• while under the influence of any intoxicating compound, drug, or a combination of alcohol, drugs, or intoxicating compounds to a degree that the person is incapable of driving safely
• while there's any amount of a controlled substance in the person's blood, urine, or other bodily substance, or
• with a tetrahydrocannabinol (THC) concentration of five nanograms or more in the blood or ten nanograms or more in another bodily substance within two hours of driving or being in actual physical control of a vehicle.

When a person is arrested for driving under the influence (DUI), there are generally administrative (license-related) penalties. If the defendant is subsequently convicted of DUI in court, there will also be criminal penalties.

How Long DUIs Stay on Your Record in Illinois

In some states, DUI convictions are only counted for a certain number of years. However, in Illinois, DUI convictions generally stay on your record and count as prior convictions forever.

Penalties for a Second DUI Conviction in Illinois

A second DUI conviction can lead to lots of different penalties, including jail time, fines, and license suspension.

Jail and Community Service for a 2nd Illinois DUI

A second DUI conviction is generally a class A misdemeanor. A conviction carries:

• a minimum sentence of five days in jail or 240 hours of community service, and
• a maximum sentence of up to 364 days in jail.

High BACs. In addition to other penalties, if the defendant's BAC was .16% or more at the time of the second offense, there's a minimum of two days in jail.

Child passengers. A second DUI conviction committed by a defendant who had a passenger under the age of 16 years in the vehicle is an aggravated DUI and a class 2 felony. Such a defendant must complete 25 days of community service in a program benefiting children in addition to other penalties imposed. A second DUI conviction under these circumstances carries:

• a minimum sentence of ten days in jail or 480 hours of community service (if sentenced to a term of probation), and
• a maximum sentence of three to seven years imprisonment (if aggravating factors are present, seven to 14 years imprisonment).

Fines for a 2nd Illinois DUI Conviction

Depending on the circumstances of a second DUI conviction, the following fines are imposed:

• the maximum fine is $2,500 for a second DUI conviction that's a class A misdemeanor
• the maximum fine is $25,000 for a second DUI conviction that's a class 2 felony
• the minimum fine is $1,250 if the defendant's BAC was .16% or more
• the minimum fine is $2,500 if the defendant was transporting a passenger under 16 years of age (class 2 felony), and
• the minimum fine is $5,000 if the defendant had a passenger under the age of 16 years who suffered bodily harm as a result of a motor vehicle accident (class 2 felony).

License Suspension for a 2nd Illinois DUI Conviction

For a second or subsequent DUI conviction within a 20-year period, the defendant's license is suspended for five years. (This suspension is in addition to the statutory summary suspension discussed below; however, the time the offender's license was summarily suspended is credited towards the five-year suspension.)

Obtaining a Restricted Driving Permit (RDP) in Illinois

To obtain driving privileges after the suspension, the defendant must have been issued a restricted driving permit (RDP) for a continuous period of at least five years. An RDP allows offenders to drive for work, school, medical appointments, alcohol/drug treatment, and in other limited circumstances.

If the person's license has been suspended due to two or more DUI convictions, an ignition interlock device (IID) must be installed in the vehicle to obtain the RDP. Use of an IID is required for at least five years and the defendant must pay $30 for each month the IID is used.

Alcohol and Drug evaluations and Treatment for a 2nd Illinois DUI

All DUI offenders must complete an alcohol and drug evaluation to determine if a substance abuse problem exists. The defendant must undergo recommended treatment if the evaluation indicates a substance abuse problem.

Victim Impact Panels for a 2nd DUI Conviction in Illinois

Offenders are also typically required to attend a victim impact panel (VIP) and are generally responsible for all costs associated with the evaluation, treatment, and VIP.

License-Related Penalties for a 2nd DUI in Illinois

As briefly referenced above, a DUI offense can also lead to what's called a "statutory summary suspension." This is an administrative suspension imposed by the Secretary of State that is triggered by a DUI arrest and doesn't require a DUI conviction.

Illinois's Implied Consent Law

In Illinois, all motorists are required to submit to chemical testing of breath, blood, urine, and/or other bodily substance if there's probable cause to believe the person is under the influence.

Under Illinois's implied consent law, the Secretary of State will automatically suspend the license of any driver arrested for DUI who fails, refuses, or fails to complete chemical testing.

Failure of chemical testing generally means a motorist has:

• a BAC of .08% or more
• five nanograms or more of THC per milliliter of blood or ten nanograms or more per milliliter of another bodily substance, or
• any amount of a controlled substance in the person's blood, urine, or other bodily substance.

Summary Suspensions for Test Refusal and Failures in Illinois

If a motorist has a prior DUI conviction or has had a statutory summary suspension with the last five years, the suspension periods are:

• one year for a failed test, and
• three years for refusing or failing to complete a test.

Talk to an Illinois DUI Lawyer

Illinois's DUI laws are complicated and the facts of each case are different. If you've been arrested for driving under the influence, it's a good idea to get in contact with a DUI lawyer in your area. An experienced DUI attorney can help you understand how the law applies in your case and decide how best to handle your situation.