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What Happens After a Third DUI in Illinois?

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.

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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).

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.

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