Understanding the Consequences of a Second DUI in Illinois
Being charged with Driving Under the Influence (a DUI) for a second time in Illinois is a serious matter and the legal ramifications become even more severe if you have a prior conviction. A second DUI is considered a repeat offense and is treated as such. The courts now look at the driver’s actions as a pattern of behavior that poses a public threat instead of as an individual that made a one-time mistake. The severity of the penalties increases significantly and there are fewer, if any, options for a lighter sentence. Consequences often include jail time and extended license revocation. The impact on a person’s life can be far reaching, including a permanent criminal record, difficulty finding employment, and higher insurance rates.
Is a Second DUI a Felony in Illinois?
In Illinois, a second DUI isn't necessarily classified as a felony, but can depend on the circumstances of the offense. Generally, a first DUI (under 0.08% BAC) is a misdemeanor, but if you are caught driving with a blood alcohol concentration (BAC) of 0.16% or higher, the charge can be elevated to a Class 4 felony.
More critically, a second DUI conviction within a 20-year period is typically considered a misdemeanor. However, if the previous DUI involved aggravating factors, such as injury or death, the second offense can escalate to a felony.
Under Illinois law, if you've had a prior DUI within five years of the most recent offense, it can be prosecuted as a felony, even if the current charge is under minor circumstances. The law aims to deter repeat offenders, especially those who pose a higher risk on the roads.
What Happens When You Get a Second DUI in Illinois?
When you are arrested after a DUI in Illinois, the process typically involves several key steps. Understanding the process can help you and your lawyer prepare for what lies ahead by making sure that you were treated fairly and all proper steps were followed. If there are inconsistencies, your lawyer will ensure that you take the right actions to protect your rights throughout the legal proceedings.
Typically, an arrest for second DUI follows the below steps:
Transport to Jail: Following arrest, you will be taken to the police station or jail for processing. This includes fingerprinting, taking a mugshot, and recording your personal details.
Preliminary Steps and Bail: You may be eligible for bail or bond, which allows you to be released from custody pending your court appearance. The bail amount or conditions can vary depending on the circumstances of your arrest and whether it’s a second DUI.
Immediate Legal Rights and Notifications: You will be informed of the charges against you and your rights, including the right to remain silent and to consult an attorney.
Blood Alcohol Concentration (BAC) Testing Results: If not already done at the scene, your BAC level will be confirmed through blood or breath tests. Refusing to submit to testing can result in additional penalties, such as automatic license suspension.
Initial Court Appearance: Usually within 48 hours, you will appear before a judge for your arraignment. During this hearing, the formal charges are read, and an attorney can be appointed or hired.
Vehicle and License Seizure: Law enforcement may confiscate your vehicle if it was used during the DUI or if you are deemed a threat to public safety. Your driver’s license will likely be suspended immediately unless you request a hearing or take legal steps to contest the suspension.
Potential for Additional Charges or Court Proceedings: Besides the DUI charge, there may be related charges such as reckless driving or endangering public safety, which can impact your case.
Given the seriousness of a second DUI arrest, securing knowledgeable legal counsel from a Chicago DUI Lawyer from Bernard Law as soon as possible is essential for protecting your rights and managing your case effectively.
What Is the Penalty for a Second DUI in Illinois?
The legal consequences for a second DUI are determined based on the specifics of the case. Factors such as BAC level, if the driver caused injury or death, and how closely it follows any previous offenses. Possible penalties for a second DUI conviction include:
License Suspension or Revocation: Typically, a second DUI carries a mandatory license revocation for at least five years. During this period, you'll need to seek reinstatement and may be required to complete alcohol education or treatment programs to eventually regain driving privileges.
Fines and Probation: A second DUI often results in hefty fines—sometimes exceeding $2,500—and periods of probation. Complying with probation requirements, including alcohol testing and counseling, becomes mandatory.
Jail Time: Unlike a first offense, which might be handled with a fine and license suspension, a second DUI can lead to jail sentences of up to 1 year, even if it is a misdemeanor. For felony cases, the jail term can extend further.
Mandatory Alcohol Treatment: Given the repeat nature, Illinois courts often impose mandatory treatment or rehab programs aimed at preventing future offenses.
Vehicle Forfeiture: In certain cases, especially if the vehicle was used during the commission of the DUI, the courts might order the vehicle to be forfeited.
It’s important to note that prior convictions within a five-year window can lead to more severe penalties, including felony charges, which carry even harsher consequences such as longer imprisonment terms and more extensive license restrictions.
The Role of Legal Counsel
If you are facing a second DUI in Illinois, partnering with a knowledgeable Criminal Defense Attorney Chicago can be invaluable. Bernard Law understands the complexities of Illinois DUI laws and statutes, including the distinctions between a felony versus a misdemeanor, can help navigate the legal system, challenge convictions and achieve the most favorable outcome.
A Chicago criminal defense lawyer will analyze the details of your case, negotiate with prosecutors for a favorable plea, and prepare a strong defense, if needed. Bernard Law will explore options for reducing charges, and advocate on your behalf to protect your future and your rights.
How Bernard Law Can Help You Navigate a Second DUI Charge
A second DUI in Illinois carries far-reaching legal consequence. If you or a loved one are facing a second DUI charge and don’t know where to start, contact Bernard Law today for a free consultation. With a thorough understanding of Illinois DUI laws and guidance and dedicated legal counsel, you can better navigate the legal process and work toward the best outcome for you.
Disclaimer: The content of this blog is for informational purposes only and is not intended to be a substitute for professional legal advice. The information provided is based on general principles of Illinois law and should not be construed as legal advice and it does not create an attorney-client relationship between you and Bernard Law. We encourage you to consult with a qualified attorney to discuss your specific circumstances.
