Illinois DUI / DWI Laws

Learn about the penalties for a DUI conviction in Illinois

In Illinois, a DUI (driving under the influence) offense covers all types of impaired driving, from driving drunk to driving while under the influence of drugs (whether prescribed, abused, or illegal). Illinois has an aggressive anti-DUI program.

Illinois First Offense DUI Penalties

1 year loss of drivers license   1 year imprisonment possible    Maximum fines of $2,500 A first offense DUI arrest in Illinois is without a doubt a traumatic experience for anyone and will result in an array of penalties. When arrested for a first offense DUI you will be facing two separate cases. The first case is the criminal aspect of driving under the influence of alcohol or drugs, which will be handled through the Illinois criminal court system. The second case is the administrative aspect, or driver's license suspension for driving under the influence with a BAC level of .08% or greater.

Illinois Second Offense DUI Penalties

Maximum fines up to $2,500   Minimum 5 year loss of drivers license Mandatory 5 days in jail or 30 community service 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.

Illinois Third Offense DUI Penalties

Class 4 felony 6 year loss of driving privileges   Imprisonment possible for up to 3 years

Fines up to a $10,000 A third offense for driving under the influence is a very serious case because it is not a misdemeanor offense. Rather, a third DUI in Illinois is a Class 2 felony.

The fact that the first DUI offense resulted in supervision which the defendant completed does not matter. The supervision may have resulted in a dismissal of the first DUI charge without a conviction, but it still counts as a prior violation for sentencing. So, if a person had court supervision on the first, and a conviction on the second, the court considers this to be two priors.

In Illinois, DUI is the name given to the crime of drinking and driving although it is also sometimes referred to as DWI. Under Illinois DUI laws, drinking and driving is usually considered a misdemeanor. However, certain conditions can raise the crime to the level of a felony.

Illinois DUI penalties range from jail time and fines to the loss of driving privileges. If you have been arrested for DUI, you will want to contact an Illinois DUI lawyer. An attorney can help you understand what legal defenses are available to you and help argue your case in court.

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