Will I Go to Jail for a First Time DUI Arrest?

While jail can often be avoided for a first time DUI in Illinois, there are a variety of factors that help determine whether any period of incarceration will be imposed. In Illinois, DUI is typically charged as a Class A misdemeanor, which carries a maximum penalty of up to one year in jail and/or a fine in the amount of $2,500.00 plus mandatory court assessments. The sentence may also range anywhere from court supervision to probation. Jail time can only be imposed if you are convicted of the DUI offense. 

Penalties of a First DUI 

A first offender who is found guilty after trial or pleads guilty to a DUI may be sentenced to court supervision. Court supervision is not a conviction under Illinois law, meaning that a jail sentence is not permitted. In addition, if you comply with all of the conditions of court supervision, the DUI will not go on your public record. However, court supervision for a DUI is only possible once in your lifetime.

The prosecutor may decide to seek jail in cases involving aggravating circumstances such as where an accident has occurred, a child was in the car, a weapon or illegal drugs were present in the car or the offender was charged with resisting arrest or battery or assault on the officer.

Of course, there are also cases where a first offender may be charged with a felony DUI known as Aggravated DUI. These are often cases where a death or serious personal injury has occurred as a result of the DUI. In some cases, an Aggravated DUI may also be charged where the person is caught driving without a valid license or insurance. While the possibility of jail is higher in such cases, the judge may also impose a sentence of probation. 

Contact our DUI Defense Attorneys

The DUI defense attorneys at The Davis Law Group, P.C. have successfully defended hundreds of DUI charges throughout the Chicago area including Cook, Lake and DuPage Counties. If you are charged with DUI, your first call should be to a knowledgeable and experienced attorney. Let us provide you with the legal representation you deserve. Contact us today for a free consultation.

Client Reviews
★★★★★
I wanted to let you know that I finally got my license back today. I want to thank you guys from the bottom of my heart. You did an amazing job and helped another person turn their life around. I will forever be indebted. Rest assured that I will refer anybody that I hear is in trouble to you guys. Thank you again. All the best.
★★★★★
I want to extend my sincere gratitude for the success in getting my charges reduced. It has been a rather traumatic experience for me. Though I try to keep an optimistic outlook, it didn't seem possible. But you guys pulled it off and I couldn't be more grateful. This has been a great weight lifted off my shoulders. D.F.
★★★★★
I would like to take this time to thank you for a job well done. I received my full reinstatement documents today for full driving privileges. This took me by surprise. I did not expect to see the results this fast. I just want to say that I am blessed to have a very good lawyer like yourself to guide me through the process... I am very grateful. You're the best. Thanks again. G.B.
★★★★★
My special thanks for your help, guidance, and support during a most difficult time. You came recommended as "the best" and you lived up to your reputation! I wish you a lovely holiday season and a new year of challenges overcome, new joys experienced, and much fulfillment realized. All good thoughts your way. S.S.
★★★★★
I am very grateful for your work and representation. Although it is difficult for me to truly express my gratitude through e-mail, I hope you can still understand how thankful I am that we were able to dismiss my case on the first court date. I am very pleased with the outcome. Again, thank you very much for your time. Please enjoy the rest of your week. D.K.
Justia Lawyer Rating for Brandon K. Davis
Featured In
Contact Information