Range of Penalties for DUI Convictions in Illinois

 Posted on November 21, 2016 in DUI

Whether you have been pulled over for suspicion of driving under the influence and feel you have been falsely accused or have in fact been operating under the influence, facing any potential criminal charges for DUI can be downright overwhelming.

Often, one of the biggest sources of anxiety when facing these allegations stems from being unsure of how to proceed when pulled over, how to protect your rights, or from simply being unfamiliar with what to expect should you be convicted. While all DUI penalties equate to serious consequence, there are a number of factors that may impact the severity of your penalties.

Circumstantial Factors

Some key circumstantial factors that may affect the outcome of a DUI penalty can include everything from the offender’s age, their BAC level, and whether or not they were transporting a child under the age of sixteen at the time of the offense. Additionally, if the driver has previous DUI convictions on their record, the specifics of subsequent penalties may vary. For example, multiple DUI offenses can result in a felony charge and a more serious, lengthy jail sentence in an Illinois state prison.

First and Subsequent Convictions

All convictions will involve the loss of driving privileges and a combination of fines, prison time, or community service. Both first and second convictions are considered Class A misdemeanors and result in the suspension of vehicle registration. Here is a brief rundown of penalties for first versus second convictions:

First conviction

• Loss of driving privileges for one year, or two years if the offender is under 21 years of age;
• Minimum $500 fine; and
• Mandatory minimum 100 hours of community service.

Second conviction

• Minimum 5 days mandatory imprisonment or 240 hours of community service;
• Loss of driving privileges for a minimum of five years; and
• Charge upgraded to Class 4 felony if transporting a child under 16 years of age at time of offense,

Third and subsequent DUI offenses are considered aggravated DUIs and any imprisonment or community service penalties are not subject to suspension or reduction. A myriad of other consequences may result from DUI convictions in addition to these strict penalties. For example, a driver may have their vehicle impounded, may miss work, and may be required to have a breath alcohol ignition interlock device installed in their vehicle.

A DUI conviction becomes a permanent fixture on your driving record. If you have been accused of driving under the influence, speak with a qualified Chicago felony DUI attorney right away to increase your chances of minimizing your penalties and to ensure you understand your rights in a court of law. Call the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney at 312-629-0669 for a personal consultation today.

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