DUI DEFENSE

Joliet DUI Lawyerdui penalties

DUI Penalties

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
    an accident,
  • 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.

Aggravated DUI

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.