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.