Make no mistake - even a first DUI is serious business in Illinois. But a second, third, or subsequent DUI is even more so. On a first DUI, some defendants are able to take a plea deal and complete a period of court supervision to avoid a finding of guilt and harsh criminal penalties. This is no longer an option after the first DUI - this time, you would be facing a conviction, a criminal record, and potentially harsh penalties. If you have been charged with a DUI, and it is not the first time, it is critical that you be represented by a strong legal advocate. When your freedom, driving privileges, and future prospects are at stake, this is no time to take chances.
A second DUI is still a misdemeanor, but the penalties are harsher. You could face up to a year in jail and a $2,500 fine. But those are just the basics. Your license will be revoked for at least a year, possibly three years if your first DUI was within the last five years, and you will have to appear at a hearing before the Secretary of State’s office before you will be eligible for even a hardship permit.
On a second DUI, the court is likely to impose additional requirements. You could be ordered to perform time-consuming community service or attend substance abuse treatment if the court feels that you need it. If you caused an accident or hurt someone, there will be additional penalties. While the court may be understanding of a first and only DUI, it will not be so understanding of a second.
In Illinois, a third DUI is a felony. This is when the penalties become very serious. A third DUI conviction could put you in prison for three to seven years or more if certain aggravating factors are present. At a minimum, you will serve ten days in jail, or 48 days if your BAC was over .16%. The minimum fine is $2,500, but multiply that by ten if you were carrying a passenger under 16 years old.
Getting your driving privileges back is challenging at this point. After a third DUI, the court may not trust you behind the wheel for some time - your license will be suspended for ten years. You will have to apply for a restricted driving permit that only allows you to drive between work or school, home, and substance abuse or medical treatment. An embarrassing interlock device becomes mandatory. Before you can even do that, you will probably be ordered to attend some type of drivers’ education program.
If you are facing second, third, or subsequent DUI charges, you will need a skilled legal advocate to protect your rights and potentially avoid life-altering criminal penalties. Scott F. Anderson, Attorney at Law is experienced at successfully defending clients accused of multiple DUI’s and may be able to help you too. Call 847-253-3400 for a free consultation with one of our experienced Arlington Heights second and third DUI attorneys.
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.