02 Jan What are the penalties regarding DUIs?
First & Second DUIs:
Most of the time a first time DUI offense (without other aggravating factors) will be a Class A misdemeanor. That means the driver could be facing a maximum of one year in jail. Other possible penalties could be court supervision, conditional discharge or probation. There are many fines and costs associated with any DUI. For a second DUI, the penalties by statute are the same, however the severity of the punishment will be harsher. There is a mandatory five days in jail or 240 hours of community service required for a driver’s second
DUI. In addition, there could be aggravating factors that will increase the possible penalties, such as having children in the car, driving a school bus while intoxicated, having multiple DUI arrests, having a lot of speeding tickets or having a past reckless driving arrest or conviction.
Third DUI and beyond:
A third offense for a DUI could be treated as a felony. This is called an Aggravated DUI and by statute it comes with harsher penalties. Additionally, there are other elements that could cause a first or second DUI to be considered a felony such as the driver getting into an accident, causing great bodily harm or death during an accident, or having a suspended or revoked license.
As an experienced DUI attorney, I have handled thousands of Statutory Summary Suspension Hearings as a former prosecutor. Also, these hearings have dire consequences for your license. If you refuse to provide a breath, blood, or urine sample, your license will be automatically suspended for one year. However, if you provide one of those samples, your license will only be suspended for six months. In addition, I encourage you to read my other article regarding Statutory Summary Suspension Hearings to learn how an Illinois criminal defense attorney can play a vital role in protecting your rights.