Driving under the influence (DUI) is a serious criminal offense in Illinois, and repeat DUI convictions carry substantial punishments. In Illinois, these punishments include longer jail time, steeper fines, and extended license suspensions or revocations. Our Chicago DUI defense attorneys represent individuals facing DUI charges, and we understand how overwhelming and stressful the process can be. Illinois DUI laws, governed by the Illinois Vehicle Code (625 ILCS 5/11-501 et seq.), impose strict consequences to deter drivers from repeat DUI offenses and to protect public safety.
A repeat DUI conviction will impact many aspects of your life, from your ability to drive to your financial stability and even your employment. In Illinois, the consequences escalate with each additional DUI offense. If you are facing a repeat DUI charge, having legal representation is essential to navigating the criminal justice system.
Penalties For Second DUI Offense
A second DUI conviction in Illinois is classified as a Class A misdemeanor under 625 ILCS 5/11-501. However, certain aggravating factors, such as driving with a minor in the vehicle or causing an accident resulting in injury, can elevate the charge to a felony. Penalties for a second offense include:
- Minimum of five days in jail or 240 hours of community service
- Fines of up to $2,500
- Mandatory installation of a breath alcohol ignition interlock device (BAIID) if eligible for driving relief
- License suspension of five years if the second offense occurs within 20 years of the first conviction
Penalties For Third DUI Offense
A third DUI conviction in Illinois is classified as a Class 2 felony in Illinois. The penalties increase significantly, as outlined in 625 ILCS 5/11-501(d). These include:
- Three to seven years in prison, depending on the circumstances
- Fines of up to $25,000
- Revocation of driving privileges for a minimum of 10 years
- Mandatory alcohol and drug evaluation, education, or treatment programs
- Permanent criminal record with limited options for expungement
Aggravating Factors And Enhanced Penalties
Aggravated DUI offenses, such as driving under the influence with a child in the car or causing serious injury or death while intoxicated, are punished with even harsher penalties. For example, a DUI causing great bodily harm may lead to additional years in prison and substantial fines.
The Importance Of Legal Representation
Facing a repeat DUI charge without legal counsel can leave you vulnerable to the harshest penalties. As your attorneys, we can evaluate the evidence against you, identify procedural errors, and negotiate for reduced charges or penalties. We work to protect your legal rights and help you achieve the best possible outcome for your case.
Illinois Aggravated DUI Frequently Asked Questions
What Happens To My Driver’s License After A Second DUI In Illinois?
A second DUI conviction typically results in a license suspension of five years if the second offense occurs within 20 years of the first. After the suspension period, you may need to install a BAIID to regain limited driving privileges.
Can A Repeat DUI Be Reduced To A Lesser Charge?
It may be possible to negotiate a reduced charge, such as reckless driving, depending on the circumstances and the strength of the evidence against you. A skilled attorney can evaluate your case and advocate for the most favorable resolution.
How Does A Repeat DUI Affect My Criminal Record?
A second DUI results in a permanent misdemeanor record, while a third or subsequent DUI is classified as a felony. Felony convictions carry more severe consequences, including limitations on employment, housing, and professional licensing.
What Are The Penalties For Refusing A Chemical Test After A Repeat DUI Arrest?
Under Illinois’s implied consent law, refusing a chemical test results in an automatic license suspension of at least three years for a second or subsequent offense. This suspension is separate from any criminal penalties for the DUI itself.
Can I Avoid Jail Time For A Repeat DUI?
While jail time is often mandatory for repeat offenses, alternatives such as probation, community service, or participation in an alcohol treatment program may be available in certain cases. An experienced attorney can help explore these options.
How Long Do DUI Convictions Stay On My Record In Illinois?
DUI convictions remain on your driving record permanently in Illinois. They cannot be expunged or sealed, making it even more critical to fight the charges with a strong legal defense.
Call Our Chicago DUI Defense Lawyer For A Free Consultation
If you are facing repeat DUI charges in Chicago, the consequences can be life-changing. At Edward Johnson & Associates, we are committed to providing the legal representation you need to protect your rights and minimize the impact on your future. Our experienced team understands Illinois DUI laws and is prepared to help you achieve the best possible outcome for your case.
Contact our Chicago DUI defense lawyer at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. With our office located in Chicago, we proudly serve clients throughout the Chicagoland metro area. Don’t face these charges alone—let us help you take the first step toward defending your future.