According to the latest Illinois DUI Fact Book, more than 20,000 people get arrested for DUI in Illinois each year. The vast majority of these people are charged with their first DUI offenses following these arrests.
There are, however, some people who go on to get a second DUI after their initial DUI charge. If you ever find yourself in this situation, you will need to get a good DUI lawyer on your side ASAP.
Those who get a first DUI offense are often able to escape jail time. They might have their driver’s licenses suspended for a set period of time and face fines. But they won’t always face the strictest penalties for a first DUI charge.
Mandatory Minimum Penalties for a Second DUI in Illinois
When someone gets arrested for DUI for the first time in Illinois, they will be eligible for what is known as court supervision. Court supervision is a special sentence that gives a court the right to avoid handing down a conviction to a person who was charged with DUI.
As long as this person is able to stay out of trouble while under court supervision, they should eventually be able to have their DUI remain supervision and not a conviction. There will, therefore, not be a DUI conviction on their record in most cases, and they’ll be able to hang onto their driver’s license.
Those charged with a second DUI will not get access to this same court supervision option. If they’re convicted of DUI this time around, they’ll have a conviction on their record, and they’ll also lose their driving privileges through revocation.
A person will usually have their driving privileges revoked for at least one year following a second DUI. They’ll also need to participate in a hearing in front of the Secretary of State Department of Administrative Hearings and make a compelling case as to why they deserve to get their driver’s license back.
A person will also be charged with a Class A misdemeanor following their second DUI, which could result in them facing up to 1 year in jail and a $2,500 fine. Even if they are able to avoid these penalties, Illinois DUI laws will call for them to spend at least 5 days in jail or serve 240 hours of community service in addition to paying court costs and fines in the amount of at least $1,000.
Potential Additional Penalties for a Second DUI in Illinois
As you can see, Illinois often comes down hard on those who get second DUI charges in many cases. They’ll subject them to mandatory minimum penalties that go above and beyond the penalties assessed for a first DUI.
There are also additional penalties they could potentially face for a second DUI depending on their specific circumstances. For example, a person will have a second DUI charge upgraded to a Class 4 felony or higher if:
- They were charged with reckless homicide following their first DUI arrest
- Their second DUI arrest involved an accident that caused “great bodily harm, disability, or disfigurement”
- They were arrested for a second DUI while their driver’s license was suspended due to a previous DUI charge
- They were driving without a valid auto insurance policy when charged with a second DUI
A person can also have a second DUI charge upgraded to an aggravated DUI charge if their blood alcohol level was above 0.16 when they were placed under arrest. Additionally, they can have a second DUI charge upgraded to a Class 2 felony if they were arrested for a second DUI while driving with a minor in their vehicle.
What to Do If You Get a Second DUI in Illinois
If you get a second DUI in Illinois, you shouldn’t hesitate to get a DUI lawyer on your side right away. They’ll be able to advise you on which steps you should take to minimize the penalties you’ll face.
Since court supervision will no longer be an option, you will likely need to prepare to deal with the mandatory minimum penalties established by the state of Illinois. This will often involve you losing your driver’s license and either serving time in a county jail or doing community service while also paying a fine.
But a good DUI lawyer may be able to help you avoid some of the more serious penalties that can come along with a second DUI. They can also explain the situation you’ll be in when you get a second DUI charge and make sure it all makes sense to you.
Which Illinois DUI Lawyer You Should Trust
There won’t be any shortage of options when you’re in the market for an Illinois DUI lawyer to help you with a second DUI charge. There are thousands of DUI lawyers throughout the country, including many in Illinois.
Your goal should be to locate a DUI lawyer who is very experienced when it comes to handling DUI cases. More specifically, you should search for DUI lawyers who know how to approach cases involving second DUI charges.
You should also enlist the services of a DUI lawyer that you’re able to build a good rapport with. It’ll make the process of building a case with their help easier overall.
Contact Us When You Need a DUI Lawyer in Illinois
Were you recently arrested for DUI for the second time in Illinois? If so, you need a great DUI lawyer to help you respond to your second DUI charge.
John M. Quinn & Associates can give you a hand and set you up with the legal help you’ll need. We can make it possible for you to put the pieces of your life back together as you work your way through your second DUI charge.
Reach out to us today to hear more about how we can assist you at this time.
