One second you're driving down the road, only minutes from home, and the next you see those intimidating red flashing lights in your rear-view mirror. Before you know it, a fun night out in Edwardsville has turned into an arrest for DUI.
Maybe this has happened to you before—or maybe it hasn't—but you are undoubtedly thinking about what is next for you and what type of DUI penalties you may be facing. You hope a good DUI defense lawyer is going to spare you from most of the negative repercussions, but it is still important to know what types of penalties convicted DUI offenders could have handed down to them in Illinois.
Refusal or Failure of Chemical Testing for DUI
Before any type of official DUI conviction takes place, it is still possible to lose your driving privileges. If you were pulled over and failed a chemical test with a blood alcohol concentration (BAC) of .08 or more, or if you refused the test, you automatically receive what is called a statutory summary suspension. These suspensions are automatic and become effective on the 46th day after the date of your suspension notice. You are allowed to request a judicial hearing to challenge the statutory summary suspension within 90 days after the notice date.
Penalties in Illinois for a First DUI Conviction
- Minimum revocation of driving privileges for one year, or minimum two years if the driver is under 21 years old
- Suspension of vehicle registration
- BAC of .16 or more: In addition to the above penalties, a mandatory minimum fine of $500 and 100 hours of community service.
- While transporting a child under age 16: In addition to the above penalties, possible imprisonment of up to six months, mandatory minimum fine of $1,000, and 25 days of community service in a program benefitting children.
- While transporting a child under age 16 and involved in a crash that caused bodily harm to the child: This is a Class 4 felony. In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefitting children.
Penalties in Illinois for a Second DUI Conviction
- Mandatory minimum imprisonment of five days or 240 hours of community service.
- Revocation of driving privileges for a minimum of five years for a second conviction within 20 years.
- Suspension of vehicle registration.
- BAC of .16 or more: In addition to the above penalties, a mandatory imprisonment of two days and a mandatory minimum fine of $1,250.
- While transporting a child under age 16: This is a Class 4 felony. In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefitting children.
- While transporting a child under age 16 and involved in a crash that caused bodily harm to the child: This is a Class 2 felony. In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefitting children.
After a second DUI conviction, any and all subsequent convictions are considered to be felonies and the penalties become even more intense. However, whether this is your first DUI or fifth DUI, it is essential that you contact a DUI defense lawyer as soon as possible. Having an experienced DUI attorney like Brian Polinske on your side will give you the best chance at the most favorable outcome.
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