What Are the Penalties for A DUI Conviction in Illinois?
May 6, 2022
The potential consequences or penalties of a DUI charge range depending on the individual circumstances of your specific case. Is this a first time DUI charge? a second or third subsequent one? It depends, especially for second or third subsequent offenses, when the previous convictions occurred. For first time DUI charge, you’re facing a Class A misdemeanor, which can carry the penalties of 1 to 364 days in the Cook County Department of Corrections, court costs, and fines of up to $2,500, or any combination therein. Most individuals with a first time DUI are not going to see jail time. Most likely, they will receive 12 months of court supervision, having to attend a victim impact panel, or driving school. In certain cases, there may be community service hours that are required.
Upon a second conviction of DUI within five years of the previous violation, an individual will either have to serve five days minimum in prison or 240 hours of community service. Assuming best possible scenario, most individuals do not go to jail for a subsequent violation. With a skilled attorney, they might receive 240 hours of community service or placement on electronic monitoring. Often during sentencing or negotiations, they negotiate that the time spend on electronic monitoring will go to that final five days in prison or 240 hours of community service.
Once you get into cases that involve third or fourth violations within five years of previous convictions, the state will have considered that you have committed the offense of aggravated driving. If you are found guilty, it is considered to be a class two felony, punishable by between three to seven years imprisonment and up to $25,000 in fines. These penalties are also further enhanced, if at the time of the investigation, the police ascertain that you have a BAC of 0.16 or higher.
The fifth violation for DUI is considered to be a class one felony, which can be punishable by up to 4 to 15 years imprisonment and a fine of up to $25,000 or combinations therein. Once again, penalties are further increased if an individual has a BAC of 0.16 or higher.
A sixth violation is considered to be a class X felony. Class X felonies in the state of Illinois are punishable by between 6 and 30 years imprisonment and a fine of up to $25,000. Once again, there are additional penalties if the police ascertain that you have a BAC of 0.16 or higher.
Any person convicted of a first time DUI that has a BAC of 0.16 or higher is subject to additional penalties, which would increase the mandatory minimum fine of $500 and a mandatory minimum of 100 hours of community service. If a person is convicted within 10 years of a previous violation with a BAC of 0.16 or higher, they are subjected to an additional fine up to $1,250 and a minimum prison time of two days. A person convicted of a third DUI within 20 years of a previous violation, whose BAC at the time of the conviction was 0.16 or higher, is subject to an additional mandatory minimum of 90 days in prison and additional mandatory fine of $2,500.
The statute also provides additional penalties for an individual who obtains a DUI while also transporting an individual who was under the age of 16. This is regardless of how many prior convictions you have had. If an individual in the state of Illinois transports an individual under the age of 16, while also obtaining a DUI charge, there is a mandatory minimum fine of $1,000. An additional mandatory minimum of 140 hours a commission of community service, which must include 40 Hours of Service benefiting children and additional two days in prison. As we go further down the line in terms of number of violations that an individual does obtain, the fines and the penalties become much more difficult for an attorney to sufficiently get them out of with as minimal costs as possible.