What are the Penalties for a Second DUI in Illinois?

There are a variety of possible consequences resulting from a second DUI arrest in Illinois. To a large extent, the penalties depend on the outcome of your first DUI. The majority of people arrested for a first DUI receive an automatic suspension of their driver’s license for 6 or 12 months depending on whether they failed or refused chemical testing. This is referred to as the Illinois Statutory Summary Suspension law. Additionally, many first DUI arrests will result in court supervision for a period of 1 to 2 years. If you successfully complete the conditions of court supervision (e.g. payment of fines/court costs, treatment, community service, victim impact panel, etc.), a conviction will not be entered.

However, in Illinois, you can only receive court supervision for DUI once in your lifetime. As a result, this means you face limited options on a second DUI charge. You will ultimately have the choice of pleading guilty and receiving a conviction (i.e. conditional discharge or probation), pleading not guilty and going to trial or seeking a negotiated plea to reduce the DUI charge, ideally, to the offense of Reckless Driving.

Criminal Penalties of a Second DUI

The penalties for a second DUI conviction can include up to 1 year in jail and a fine in the amount of up to $2,500.00 plus mandatory court assessments. Additional penalties, including community service, treatment and attendance at a victim impact panel are very common and often required. In certain situations, a second DUI may be charged as a felony, which carries a penitentiary sentence and fines/costs of up to $25,000.00. A helpful breakdown of DUI sentencing and penalties is also available here.

Driver’s License Penalties of a Second DUI

A second DUI will typically result in another summary suspension of your driver’s license. If your prior DUI was within 5 years and you refuse the breath test on the new DUI, the summary suspension will last 3 years. If your prior DUI was within 5 years and you fail the breath test on the new DUI, the summary suspension will last 1 year.

Also, if you are convicted of a DUI, your driver’s license will be revoked for a minimum period of 1 year. A hardship permit or full license reinstatement is not possible until you successfully appear for an administrative hearing before the Secretary of State. This can be a difficult and complex process, however, our attorneys have substantial expertise navigating these requirements.

Contact our DUI Defense Attorneys

The DUI defense attorneys at The Davis Group, P.C. have extensive experience representing those charged with DUI throughout Illinois, including those who have been charged previously with driving under the influence. We understand the strategy necessary to receive the best possible result for our clients. Our driver’s license reinstatement attorneys are also available to provide high-quality legal representation to those who have had their driving privileges revoked due to DUI. Contact us today to discuss your case.