Facing a second DUI in Illinois? Schierer & Ritchie LLC can help defend your rights. Contact us for a free consultation.
Facing a second DUI charge in Illinois is a serious matter with significant legal consequences. Understanding the implications and preparing a robust defense is crucial.
Our goal is to reduce or even dismiss the charges against you. If you have been charged with a second DUI, it is crucial not to delay seeking legal assistance. Contact Schierer & Ritchie LLC today for a complimentary initial consultation, and let us help you protect your rights and future.
Illinois DUI Law Is Different from Other States
In Illinois, the consequences for a second DUI are far more severe than for a first offense. Unlike some states that only consider recent DUIs, Illinois takes into account any prior DUI offenses from any point in your life, regardless of how long ago or where they occurred. This means that even if your first DUI were 30 years ago in a different state, it would still be considered a prior offense, making your new DUI a second DUI.
Second DUI as a Class A Misdemeanor
A second DUI offense in Illinois is a Class A misdemeanor. It carries a maximum sentence of up to one year in jail and fines of up to $2,500. Your driver’s license will also be revoked, further complicating your daily life.
No Court Supervision for a Second DUI
First-time DUI offenders in Illinois may have the option of court supervision, which allows them to fulfill specific requirements and avoid having a conviction on their record. These requirements typically include:
- Paying fines
- Completing alcohol education and/or treatment programs
- Staying out of legal trouble for a probationary period, usually one year
However, court supervision is not available for second-time DUI offenders. This option is off the table once you have a DUI on your record.
Increased Penalties for Second DUI
- Jail Time:
- As a Class A misdemeanor, a second DUI conviction carries a minimum jail sentence of 5 days and a maximum of 364 days.
- If a passenger under 16 was present, it becomes an aggravated DUI and a Class 2 felony, with a minimum sentence of 10 days and up to 14 years.
- Community Service:
- Second-time DUI offenders may be required to perform at least 240 hours of community service.
- For aggravated DUIs and Class 2 felony convictions, the requirement is a minimum of 480 hours.
- Fines:
- Maximum fine for a Class A misdemeanor second DUI: $2,500
- Maximum fine for a Class 2 felony: $25,000
- Additional fines based on specific circumstances:
- BAC of .16 or higher: minimum $1,250
- Transporting a passenger under 16: minimum $2,500
- Injuring a passenger under 16: minimum $5,000
- License Suspension:
- Second DUI convictions result in a five-year driver’s license suspension.
- A restricted driving permit (RDP) may allow driving for essential activities like work, school, and medical appointments.
- To obtain an RDP, repeat offenders must install an ignition interlock device, which requires a breathalyzer test to start the vehicle.
How Schierer & Ritchie LLC Can Help
The penalties for a second DUI are severe, but an experienced attorney can make a significant difference in the outcome of your case. At Schierer & Ritchie LLC, our criminal defense attorneys have over three decades of experience helping clients fight DUI charges. We examine all aspects of your case, including:
- The legality of the traffic stop
- The administration of the breathalyzer test
- Potential constitutional rights violations
Our goal is to reduce or even dismiss the charges against you. If you have been charged with a second DUI, it is crucial not to delay seeking legal assistance. Contact Schierer & Ritchie LLC today for a complimentary initial consultation, and let us help you protect your rights and future.
