Criminal Penalties for an Illinois DUI 2017-05-24T22:26:54+00:00

Criminal Penalties for an Illinois DUI

Criminal Penalties for an illinois DUI

Illinois DUI laws are one of the strictest in the nation. Even a first-time DUI offender could face a felony offense and jail time. Aside from the criminal penalties available a DUI conviction carries with it several collateral consequences such as a revocation of your driving privileges. Being charged with an Illinois DUI can be a life-altering event that can result in jail time and a suspension of your driving privileges. Even a statutory summary suspension can have dire consequences on a person and his or her family.

The criminal penalties for an Illinois DUI vary greatly depending upon the circumstances of the arrest and the alleged drunk driver’s criminal background including the person’s driving record. The law calls things that warrant a judge to impose an increased sentence as aggravating factors. In Illinois DUI cases, aggravating factors that can increase the criminal penalties for an Illinois DUI case include a very high BAC at the time of the DUI arrest, whether there were children in the car at the time of the DUI arrest, and whether anyone was injured as a proximate cause of the DUI.

The most important factor, however, in determining the potential criminal penalties for an Illinois DUI is whether the arrested person has a previous DUI conviction in his or her background. Even if you have successfully completed court supervision in the past on an Illinois DUI or a reckless driving charge, it will severely increase the penalties available for an Illinois DUI that occurs in the future. How long ago the prior DUI was does not matter because any prior DUI regardless of its age will disqualify someone from being classified as a first-time DUI offender.

 

 

 

 

Criminal Penalties for a First-Time DUI Offender

Typically, the criminal penalties for an Illinois DUI for a first-time offender are minimal. Most first-time DUI offenders usually receive a sentence consisting of court supervision, significant fines, and DUI classes. The number of DUI classes that will comprise the sentence will depend upon your level of recidivism according to the Illinois DUI evaluation. Even though most first-time Illinois DUI offenders will receive only a heavy slap on the wrist, Illinois DUI laws punish drunk driving as a Class A misdemeanor, which is punishable with a maximum sentence of 1 year in jail and a fine of $2,500.

Aggravating Factors for a First-Time DUI Offender

BAC of 0.16 or greater-In addition to any other penalties or fines upon conviction, anyone charged with a DUI with an allegation that the BAC was 0.16 or greater will receive a mandatory minimum fine of $500 and mandatory minimum 100 hours of community service.

Transporting a child under the age of 16—In addition to any other penalties or fines, a person transporting a child under 16 at the time of the DUI arrest is subject to possible imprisonment of up to 6 months and a mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.

Criminal Penalties for a Second DUI Conviction

A second DUI conviction, like a first time DUI, is a Class A misdemeanor punishable by a maximum sentence of 1-year in jail and $2,500 fine. However, a second DUI arrest carries with it mandatory minimum sentences. A 2nd DUI carries with it a mandatory minimum of 5 days in jail time or 240 hours of community service. Court supervision is not available for someone found guilty of a second DUI.

Aggravating Factors for a Second DUI Arrest

  • BAC of .16 or greater—In addition to the mandatory minimum sentences attached to a 2ndDUI, anyone found guilty of an Illinois DUI is also required to serve an additional an 2 days of jail and pay a mandatory minimum fine of $1,250.

Aggravated DUI in Illinois

In Illinois, felony DUI cases are known as aggravated DUIs. Aggravated DUIs are very serious offenses and carry with them significant penalties that include imprisonment and substantial fines. Even first-time DUI offenders can potentially face an aggravated DUI charge if they were driving without a valid driver’s license or if the DUI offense was the proximate cause of someone suffering great bodily harm. Great bodily harm includes lacerations, broken bones, disfigurement, or injuries that require surgery; they do not include bruising, insignificant cuts or scrapes, or soft tissue injury. Anyone charged with a third or subsequent DUI will almost always face an aggravated DUI charge.

Criminal Penalties for a Third DUI Conviction

A third DUI conviction is an aggravated DUI. 3rd DUI convictions are Class 2 felonies. As a class 2 felony, a 3rd DUI conviction is punishable by 3-7 years in prison and a fine of $25,000.

Aggravating Factors for a Third DUI Arrest

  • BAC of .16 or greater — In addition to any other criminal or administrative sanctions, a mandatory minimum jail sentence of 90 days and mandatory minimum fine of $2,500 is required for anyone found guilty of a third DUI in Illinois.
  • Transporting a child under the age of 16 — In addition to any other criminal or administrative sanctions, a mandatory minimum fine of $25,000 and a minimum of 25 days of community service in a program benefiting children must be performed by any person convicted a 3rdDUI while the person was transporting a child under the age of 16.

Criminal Penalties for a Fourth DUI Conviction

A fourth DUI conviction is also a Class 2 felony punishable by 3-7 years of imprisonment and a fine of $25,000.

Aggravating Factors for a Fourth DUI Arrest

  • BAC of .16 or greater — In addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000 is required for anyone found guilty of a 4thDUI in Illinois. A 4th DUI conviction is non-probationable meaning that probation is not available for anyone found guilty of a 4th
  • Transporting a child under the age of 16 — In addition to any other criminal or administrative sanctions, Illinois DUI laws requires a mandatory minimum fine of $25,000 and 25 days of community service in a program benefiting children.

Criminal Penalties for a Fifth DUI Conviction

  • A fifth DUI conviction is an aggravated DUI punished as a Class 1 felony. Class 1 felonies are punishable by 4-15 years of imprisonment. A 5thDUI conviction is non-probationable meaning that probation is not available for anyone found guilty of a 5th

      Aggravating Factors for a Fifth DUI Arrest

  • BAC of .16 or greater — In addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000 must be imposed for anyone found guilty of a 5thDUI in Illinois.
  • Transporting a child under age 16 — In addition to any other criminal or administrative sanctions, a court must impose a mandatory minimum fine of $25,000 and 25 days of community service in a program benefiting children on anyone found guilty of a 5thDUI in Illinois.

Criminal Penalties for a Sixth or Subsequent DUI Conviction

  • A sixth or subsequent DUI is an aggravated DUI punished as a Class X felony. Class X felonies are punishable by 6-30 years imprisonment. A 6thDUI conviction is non-probationable meaning that probation is not available for anyone found guilty of a 6th

Aggravating Factors for a Sixth or Subsequent DUI Arrest

  • BAC of .16 or greater — In addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000 is required for anyone convicted of a 6thDUI in Illinois.
  • Transporting a child under the age of 16 — In addition to any other criminal or administrative sanctions, Illinois DUI laws require a mandatory minimum fine of $25,000 and 25 days of community service in a program benefiting children.