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What is a Driving Under the Influence (DUI)?
Illinois Driving Under the Influence Overview
Class A Misdemeanor
Class A Misdemeanorto Class 2 Felony
Class 2 Felony
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PENALTIES FOR DUI CONVICTION IN ILLINOIS
DUI charges and penalties will become more severe if the offense occurs more than once, turning into an Aggravated DUI. If it results in the death of another person, the charge will change to Drunk Driving Vehicular Homicide, a Class 2 felony, in which the penalties will instantly become more severe.
1st Drunk Driving Arrest – Class A misdemeanor
Class A misdemeanor; minimum revocation of driving privileges for 1 year (2 years if the driver is under age 21); suspension of vehicle registration.
With a BAC of .16 or more, In addition to any penalties or fines, a mandatory minimum fine of $500 and a minimum 100 hours of community service.
If committed while transporting a child under age 16, In addition to any penalties or fines, possible imprisonment of up to 6 months, a mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.
While transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony, a mandatory fine of $2,500 and 25 days of community service in a program benefiting children.
2nd Drunk Driving Arrest – Class A misdemeanor
Got a 2nd DUI in Illinois? The penalty becomes a little more tough.
Class 2 felony; revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.
With a BAC of .16 or more, In addition to any penalties or fines, mandatory imprisonment of 2 days and a mandatory minimum fine of $1,250.
If arrested while transporting a child under age 16 (Aggravated DUI); Class 4 felony.
Transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children.
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3rd Drunk Driving Arrest – Aggravated DUI
If you get a 3rd DUI in Illinois, call the best DUI defense attorneys in Chicago right away.
Class 2 felony; revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.
With a BAC of .16 or more. In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and a mandatory minimum fine of $2,500.
If committed while transporting a child under age 16, In addition to any other criminal or administrative sanctions, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children.
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4th Drunk Driving Arrest – Aggravated DUI
1st DUI in Illinois usually is forgiven.
2nd DUI in Illinois has a harsher punishment.
3rd DUI in Illinois will come with bad news.
4th DUI in Illinois is a big problem.
Class 2 felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.
With a BAC of .16 or more, In addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000.
If committed while transporting a child under age 16, In addition to any other criminal or administrative sanctions, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children.
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5th Drunk Driving Arrest – Aggravated DUI
1st DUI in Illinois usually is forgiven.
2nd DUI in Illinois has a harsher punishment.
3rd DUI in Illinois will come with bad news.
4th DUI in Illinois is a big problem.
Class 2 felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.
A BAC of .16 or more, In addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000.
If committed while transporting a child under age 16, In addition to any other criminal or administrative sanctions, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children.
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6th Drunk Driving Arrest – Aggravated DUI
Class X felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.
With a BAC of .16 or more, In addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000.
If committed while transporting a child under age 16, In addition to any other criminal or administrative sanctions, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children.
Related Offenses
Aggravated DUI
Any DUI offense resulting in felony charges is classified as Aggravated DUI. A mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum of 480 hours of community service or 10 days imprisonment.
Underage Drinking
Drivers under age 21 face a minimum 2-year driver’s license revocation for a first DUI conviction in addition to the penalties that apply for DUI offenders age 21 and older. The offender is not eligible for a restricted driving permit (RDP) until the second year of the revocation period. An offender under age 18 on a statutory summary suspension is not eligible for an MDDP and may be subject to remedial education and/or retesting prior to reinstatement of his/her driving privileges.
A person under age 21 convicted of DUI may be ordered by a judge, as a condition of probation or discharge, to participate in the Youthful Intoxicated Drivers Visitation Program. The offender will undergo a comprehensive counseling session prior to visitation to determine if the program is appropriate. If approved, the offender may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes may be viewed.
From 1986 to 2013, DUI arrests have decreased for drivers under age 21. The decline can be attributed to many factors, including tougher laws for DUI and fraudulent IDs, youth DUI prevention programs, visually distinctive drivers licenses, and state ID cards, and training programs like Operation Straight ID.*
Zero Tolerance
- First offense, Suspension of driving privileges for 3 months for a BAC of more than .00; suspension of driving privileges for 6 months for refusal to submit to or failure to complete testing.
- Second offense, Suspension of driving privileges for 1 year for a BAC of more than .00; suspension of driving privileges for 2 years for refusal to submit to or failure to complete testing.
- During 2013, 931 drivers under age 21 were suspended for driving with a BAC of more than .00 or for refusing to submit to chemical testing.*
- Additionally, 2,233 underage drivers were arrested for DUI and received suspensions.*
- Under the Zero Tolerance law, a police officer also may initiate a DUI arrest based on field sobriety tests or additional evidence.
Vehicle Impoundment
The vehicle of any driver may be seized or impounded by local authorities for:
- Committing a Driving Under the Influence while driving privileges are suspended/revoked for a previous DUI/DWI or reckless homicide.
- Committing a Driving Under the Influence with a previous conviction of reckless homicide, aggravated DUI/DWI with death or great bodily harm.
- Committing a third or subsequent Drunk Driving Arrest
- Committing a Driving Under the Influence without a valid driver’s license or permit.
- Committing a Driving Under the Influence while uninsured.
Traffic Cases
Traffic violations, such as Driving on a Suspended License, Speeding, Reckless Driving, etc. can include not only fines and, points, on your record, but also may even carry custody time. The Illinois DMV website discusses these points at length. The Law Offices of Edward Johnson can help you battle these traffic violations and minimize the charges and points. We utilize a variety of tactics to help your case, such as subpoenaing the facilities that monitor radar for records, finding traffic schools for our clients to expunge their records, court supervision, using lidar (technology that uses a laser to measure distance) to help solidify our evidence, etc.
We can help you with any traffic violation, whether it is a speeding ticket or a DUI. Call now at 708.606.4386 for immediate assistance or your free consultation!
Class X felony; revocation of driving privileges for life with no relief available; suspension of vehicle registration.
If committed with a BAC of .16 or more, In addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000.
If committed while transporting a child under age 16, In addition to any other criminal or administrative sanctions, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children.
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