Facing a third DUI in Illinois? Contact Schierer & Ritchie LLC for expert legal assistance and a free consultation.
Illinois has stringent DUI laws aimed at deterring individuals from driving under the influence. The legal BAC limit for drivers is 0.08%, and there is a zero-tolerance policy for minors, who must maintain a BAC of 0.00% when driving. The penalties for DUI offenses in Illinois are severe, escalating with each subsequent offense.
If you have been charged with a third DUI, contact Schierer & Ritchie LLC for a free consultation. We are committed to providing expert legal assistance and protecting your rights.
Misdemeanor and Felony DUIs
In Illinois, a DUI can be classified as either a misdemeanor or a felony, depending on the circumstances. A first DUI is typically charged as a misdemeanor, but the penalties increase significantly with subsequent offenses. Aggravating factors can elevate a first offense to an aggravated (felony) DUI. These factors include:
- Driving without insurance or a license
- Driving on a suspended license
- Causing severe injury or death
- Having two or more prior DUI violations
A third DUI offense is automatically categorized as a felony, regardless of whether any injuries occurred.
Classes of Felonies
Felonies are serious crimes that are punished for a year or more in state prison. Illinois classifies felonies into five types, from most to least severe:
- Class X Felony: Punishable by up to 60 years in prison (e.g., aggravated criminal sexual assault).
- Class 1 Felony: Punishable by up to 30 years in prison (e.g., second-degree murder).
- Class 2 Felony: Punishable by up to 14 years in prison (e.g., controlled substance trafficking).
- Class 3 Felony: Punishable by up to 10 years in prison (e.g., involuntary manslaughter).
- Class 4 Felony: Punishable by up to 6 years in prison (e.g., cyberstalking).
Penalties for a Third DUI in Illinois
A third DUI offense in Illinois is classified as a Class 2 felony and carries severe penalties, including:
- Jail Time:
- Minimum of 10 days in jail or 480 hours of community service
- Minimum of 90 days in jail if BAC was 0.16% or more
- Maximum of 3-7 years in jail without aggravating factors
- Maximum of 7-14 years in jail with aggravating factors
- Fines:
- Minimum of $2,500 if BAC was 0.16% or more
- Minimum of $25,000 if a child was in the car
- Maximum of $25,000
License Suspension After a Third DUI
A third DUI results in a 10-year driver’s license suspension in addition to jail time and fines. To regain driving privileges after the suspension, you must apply for and obtain a Restricted Driving Permit (RDP) and hold it for five years. The RDP allows limited driving to necessary places such as work, school, and medical appointments.
Installing an Ignition Interlock Device
To obtain an RDP, you must install an ignition interlock device (breathalyzer) in your vehicle. Using this device is approximately $30 per month, and you are responsible for this expense.
What to Do if You Get Arrested for a Third DUI in Illinois
Due to the severe consequences, it is crucial to avoid a third DUI. However, if you find yourself charged with a third DUI, seeking legal assistance immediately is vital. The Peoria DUI attorneys at Schierer & Ritchie LLC have a proven track record of getting DUI charges reduced or even dropped. Our experienced DUI lawyers will fight for your rights and guide you through every step of the process.
Contact Us Today
If you have been charged with a third DUI, contact Schierer & Ritchie LLC for a free consultation. Our dedicated attorneys are here to help you understand your legal options and work towards the best possible outcome for your case. We are committed to providing expert legal assistance and protecting your rights. Don’t navigate this challenging situation alone; contact us today.