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

One of the first questions we hear from people arrested for DUI is: Am I going to jail?

For most people facing a first-time misdemeanor DUI in Illinois, jail is not automatic and can often be avoided. However, the potential sentence depends on the facts of the case, the driver’s history, and whether any aggravating circumstances are present.

A first DUI in Illinois is generally a Class A misdemeanor. A Class A misdemeanor carries a maximum possible sentence of 364 days in jail and a fine of up to $2,500, in addition to other potential costs and requirements.

Importantly, being arrested for DUI does not mean that you will be convicted or sentenced to jail. The State must still prove the DUI charge, and an eligible first-time offender may qualify for court supervision.

Is Jail Mandatory for a First DUI in Illinois?

Generally, no.

There is no across-the-board mandatory jail sentence simply because someone is convicted of DUI for the first time. Depending on the circumstances, possible dispositions can include court supervision, probation, conditional discharge, or a sentence that includes incarceration.

However, Illinois law does impose additional mandatory penalties in certain DUI cases. For example, a first DUI involving a blood alcohol concentration of 0.16 or greater carries additional mandatory penalties, including community service and a minimum fine.

Other circumstances can also significantly increase the potential penalties.

Can I Get Court Supervision for a First DUI?

Many first-time DUI defendants are eligible to be considered for court supervision.

Court supervision is particularly important in an Illinois DUI case because successful completion of supervision does not result in a DUI conviction. A DUI conviction causes the Illinois Secretary of State to revoke the person’s driving privileges, while successful completion of court supervision avoids that DUI conviction.

DUI court supervision is generally available only once in a person’s lifetime. A person who has previously received supervision for DUI or has a prior DUI conviction cannot receive DUI supervision again.

Court supervision is not automatic, however. Eligibility does not guarantee that the prosecutor will recommend supervision or that the judge will impose it. The circumstances surrounding the arrest and the defendant’s criminal and driving history can affect the outcome.

Can You Go to Jail Even If It Is Your First DUI?

Yes. Although jail is not mandatory in the typical first misdemeanor DUI case, a judge can impose jail following a DUI conviction.

The likelihood of the prosecutor seeking incarceration may increase when aggravating circumstances are present.

Examples may include:

• A serious accident or injury;
• An unusually high BAC;
• A child passenger;
• Particularly dangerous driving;
• Additional criminal charges arising from the arrest; or
• A significant criminal or driving history.

The specific facts matter. Two people who are both technically charged with a “first DUI” may face very different circumstances and potential outcomes.

What If My BAC Was .16 or Higher?

Illinois law provides enhanced penalties when a person commits a first DUI with an alcohol concentration of 0.16 or more.

In addition to any other sentence imposed, a first offense involving a BAC of .16 or greater carries a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.

A high BAC can also affect how a prosecutor or judge views the case even when incarceration is not statutorily mandatory.

However, a breath or blood test result should not automatically be assumed to be accurate or admissible. Depending on the circumstances, an attorney may examine the testing procedures, equipment, timing, records, chain of custody, or other issues surrounding chemical testing.

What If a Child Was in the Car?

Illinois DUI law provides additional penalties when a person commits DUI while transporting someone under the age of 16.

A first-time DUI involving a child passenger can therefore be considerably more serious than an ordinary first DUI.

The presence of a child can also affect plea negotiations and sentencing considerations. If you have been charged with DUI involving a minor passenger, it is particularly important to have the specific charging documents and circumstances reviewed by an attorney.

Can a First DUI Be a Felony?

Yes.

Although most first DUIs are Class A misdemeanors, certain circumstances can result in an Aggravated DUI, which is a felony.

A first DUI can potentially become an aggravated DUI under circumstances specified by Illinois law, including certain cases involving serious bodily injury or death and certain cases involving driving without a valid driver’s license or required automobile insurance.

Felony DUI cases carry substantially greater potential penalties than an ordinary first-offense misdemeanor DUI.

Learn more about Aggravated DUI charges in Illinois.

Does a DUI Arrest Mean I Will Be Convicted?

No.

An arrest is an accusation, not a conviction.

Before deciding how to resolve a first DUI, an attorney should examine the evidence against you. Depending on the case, this may include:

• The reason for the initial traffic stop;
• Body-camera and squad-car video;
• The officer’s observations;
• Field sobriety testing;
• Breath-test evidence;
• Blood or urine testing;
• Whether there was probable cause for the arrest; and
• Whether the State can prove that you were driving or in actual physical control of the vehicle while under the influence.

In some cases, the evidence may support a motion to suppress, a challenge to chemical testing, negotiations for a different resolution, or taking the DUI case to trial.

What Happens to My Driver’s License If I Avoid Jail?

The criminal sentence is only one part of an Illinois DUI case.

A person arrested for DUI may also face a statutory summary suspension for failing or refusing chemical testing. That suspension is separate from the criminal DUI case and can occur even if no jail sentence is imposed.

Likewise, a DUI conviction generally results in revocation of Illinois driving privileges. Successfully completing court supervision avoids a DUI conviction and the driver’s license revocation that follows a conviction.

For that reason, when evaluating a first DUI, it is important to consider both the criminal penalties and the driver’s license consequences.

What Should I Do After a First DUI Arrest?

Do not assume that you will go to jail simply because you were arrested for DUI.

The potential outcome depends on the specific facts of the case, your record, the evidence against you, whether you are eligible for court supervision, and whether the DUI or driver’s license suspension can be successfully challenged.

An experienced Illinois DUI attorney can review the police reports and video, evaluate chemical and field sobriety testing, determine whether you are eligible for court supervision, and identify potential defenses before you decide how to proceed.

Contact an Illinois DUI Defense Attorney

The DUI defense attorneys at The Davis Law Group, P.C. represent individuals charged with DUI throughout the Chicago area, including Cook County, Lake County, and DuPage County.

Our attorneys regularly handle DUI cases in Chicago and the surrounding suburbs and understand both the criminal charges and the driver’s license consequences that can follow a DUI arrest.

If you have been charged with your first DUI in Illinois and are concerned about jail, your driver’s license, or what happens next, contact us to discuss your case.