Joliet DUI Lawyer
There are standard dui penalties for any Illinois dui.
Dui penalties in any case include the payment of fines, complying with the recommendations of a drug and alcohol evaluation, and attendance at a victim impact panel.
Every dui arrest also triggers a “summary suspension” of a persons driving privileges. It typically begins 46 days after the arrest. Click here – DUI summary suspension for further information on this aspect of a dui arrest.
However, individual additional dui penalties can vary beyond depending on many factors such as:
- driving history,
- criminal background
- local jurisdiction
- facts of the case, such as
- leaving the scene,
- the presence of drugs,
- a high alcohol content (bac), and
- a persons age.
First time DUI offender
A first time offender is someone who has never had a dui. The dui penalty for this person usually involves a period of “court supervision”. Court supervision is a delayed dismissal of the charge. No conviction for a dui occurs.
Court supervision is the best outcome for a dui charge if the case cannot be won at trial. No conviction enters, no jail time is imposed, and driving privileges are not revoked.
Beyond the standard dui penalties for a first offender, if a breath test was done with a result of .16 or higher, the law also requires a minimum of 100 hours of public service work be performed.
Second time offender
A second time offender had a prior dui disposition sometime in their life. Unlike, a first time offender, this person cannot receive court supervision. If he or she is found guilty or pleads guilty, a required dui penalty is a conviction.
Any dui conviction results in a revoked drivers license. A revoked drivers license can only be restored by the Illinois Secretary of State after a formal hearing.
Also, mandatory dui penalties for a second time offender included a minimum of 5 days in jail, or 240 hours of public service work. In addition, if a breath test was done with a result of .16 or higher, the law also mandates a 2 day jail sentence.
Third time offender
A third time offender is a person with 2 prior dui dispositions earlier in life. It can be charged as a class 2 felony. The dui penalties for this felony range from a period of 48 months of probation to 3 – 7 years in the Illinois Department of Corrections, along with a mandatory conviction.
Again, any dui conviction results in a revoked drivers license. A revoked drivers license can only be restored by the Illinois Secretary of State after a formal hearing.
If probation is given, the law requires either a 10 day jail sentence or 480 hours of public service work. In addition, if a breath test was done with a result of .16 or higher, the law also mandates a 90 day jail sentence.
Fourth time offender
Dui penalties for a fourth time offender are significant. It is a class 2 felony like a third time offender. However, a fourth time offender, if convicted, must be sentenced to the Illinois Department of Corrections. Probation is not an option. The sentence range is from 3 – 7 years.
Beyond a fourth time offender
Anyone who is a fifth, sixth or greater offender will be charged with a class X felony. That is the most serious of felony classifications in Illinois . It requires a mandatory prison sentence ranging from 6 – 30 years.
An “Aggravated DUI” is a felony. It arises from any dui arrest where an “aggravating factor” exists. Such aggravating factors are:
- 2 prior dui dispositions,
- an accident causing death or great bodily harm,
- not having a valid drivers license, or
- not having valid liability insurance
The potential dui penalties for any aggravated dui are discussed in the earlier paragraphs, but can also vary depending upon individual circumstances.
Our Experience as a Joliet Dui Lawyer
Former Will County prosecutor Steven Haney has handled hundreds of DUI cases involving all situations. He is in the DUI courts of Will County on a daily basis and knows DUI defense second to none. To discuss in confidence your situation, contact us at 815-723-5600 or via e-mail.