DUI Sentencing & Penalties
The DUI defense attorneys at The Davis Law Group, P.C. represent clients charged with driving under the influence throughout Illinois and the Chicagoland area. Our practice primarily concentrates in the area of DUI defense. We strongly encourage anyone charged with DUI to contact a competent attorney to discuss the specifics of their case immediately after arrest. The information below is meant to provide an overview of Illinois DUI sentencing laws. More information can be found on our DUI Overview page .
Sentencing guidelines for DUI offenses in the State of Illinois have grown progressively harsher over the last few decades. Again in 2009 there was a major revamp of DUI sentencing laws. The following chart lists some of the most basic DUI penalties, which are explained in more detail below.
|DUI OFFENSE||FIRST||SECOND||THIRD||FOURTH||FIFTH||SIXTH OR SUBSEQUENT|
|Class of Offense|| Class A |
| Class A |
| Class 2 |
| Class 2 |
| Class 1 |
| Class X |
|Jail / Imprisonment|| 1-364 |
| 1-364 |
Days - mand. min. of 5 days jail or 240 hrs. comm. serv. (c)(2)
|3-7 years||3-7 years||4-15 years||6-30 years|
|Periodic Imprisonment||Up to 12 months||Up to 12 months||18-30 months||18-30 months||3-4 years||None|
|Supervision||Up to 2 years||None||None||None||None||None|
|Conditional Discharge||Up to 2 years||Up to 2 years||Up to 4 years||None||None||None|
|Probation||Up to 2 years||Up to 2 years||Up to 4 years||None||None||None|
|Fine||Up to $2,500.00||Up to $2,500.00||Up to $25,000.00||Up to $25,000.00||Up to $25,000.00||Up to $25,000.00|
Typically, under Illinois law, a DUI first offense is a Class A misdemeanor , which carries up to one-year in the county jail and a maximum fine of up to $2,500.00 plus court costs.
The possible sentences for a misdemeanor DUI offense include Court Supervision (a non-conviction disposition), Conditional Discharge and Probation. The law also provides for mandatory minimum sentences for certain misdemeanor DUI offenses as follows:
1. DUI with a BAC of .16 or more:
- A. 1st DUI offense: Minimum 100 hours of community service and $500.00 fine;
- B. 2nd DUI offense: Minimum 2 days in jail and $1,250.00 fine.
- (A third or subsequent offense is charged as a felony)
2. DUI involving transport of a child less than age 16:
- A. 1st DUI offense: Subject to 6 months in jail, mandatory minimum $1,000.00 fine and 25 days of community service in a program benefitting children.
- (A second or subsequent DUI offense is charged as a felony)
There are numerous situations under which a DUI may be charged as a felony. A felony is any offense that carries a penalty in excess of 364 days in jail, typically to be served in the Illinois Department of Corrections.
Under Illinois law, there a different classes of felonies beginning with Class 4 and moving up to Class X each which carry increasing periods of incarceration as follows:
- Class 4 Felony DUI - 1-3 years and up to a $25,000 fine;
- Class 3 Felony DUI - 2-5 years and up to a $25,000 fine;
- Class 2 Felony DUI - 3-7 years and up to a $25,000 fine;
- Class 1 Felony DUI - 4-15 years and up to a $25,000 fine; and
- Class X Felony DUI - 6-30 years and up to a $25,000 fine.
The following are a list of possible felony DUI offenses:
- 3rd DUI – Class 2 Felony;
- 4th DUI – Class 2 Felony
- 5th DUI – Class 1 Felony and
- 6th or Subsequent DUI – Class X Felony.
Note that a Class 2 Felony (for a 4th DUI) as well as Class 1 Felony (for a 5th DUI) and Class X Felony (for a 6th or subsequent DUI) are non-probationable offenses.
Generally, only individuals charged with a 3rd DUI are felony eligible. However, under the following circumstances a first offense DUI may qualify as a felony:
- DUI that occurs which driving a school bus with a person 18 years or younger on board;
- DUI when involved in a motor vehicle accident where there was great bodily harm or disfigurement to another;
- DUI that occurs while in a school speed zone where any bodily harm occurs;
- DUI when involved in a motor vehicle accident resulting in death;
- DUI that occurs when the person is currently revoked or suspended for a prior DUI, statutory summary suspension or leaving the scene of a a personal injury or reckless homicide;
- DUI that occurs when the person does not have a valid license or permit;
- DUI that occurs when the person did not have valid liability insurance; and
- DUI when involved in a motor vehicle accident resulting in any bodily harm to a person under the age of 16.
A second DUI offense may qualify as a felony if it involves the transport of a child less than the age of 16.
Besides making these DUI offenses felonies, Illinois law also provides certain minimum penalties if the person is convicted:
1. DUI when DUI when involved in a motor vehicle accident where there was great bodily harm or disfigurement to another:
- A. 1st-3rd DUI offenses: If sentenced to a term of imprisonment a minimum of 1-12 years of imprisonment;
- B. 4th and subsequent DUI offenses: Minimum 1-12 years of imprisonment.
2. DUI when involved in a motor vehicle accident resulting in death:
- A. 1st-3rd DUI offenses: If sentenced to a term of imprisonment a minimum of 3-14 years of imprisonment unless 2 of more deaths occurred. Then minimum of 6-28 years of imprisonment;
- B. 4th and subsequent DUI offenses: Minimum of 3-14 years of imprisonment unless 2 or more deaths occurred. Then minimum of 6-28 years of imprisonment.
3. DUI when involved in a motor vehicle accident resulting in any bodily harm to a person under the age of 16:
- Mandatory fine of $2,500.00 and 25 days of community service in a program benefitting children.
The defense attorneys at The Davis Law Group, P.C. represent clients on misdemeanor and felony DUI charges throughout Illinois. We primarily practice in Cook County, Lake County, and DuPage County. We urge you to contact a professional and knowledgeable attorney as soon as possible following a DUI arrest. Feel free to contact us to discuss your case.