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If Arrested for DUI, Will Have I Have to Spend Time in Jail?

Posted on in DUI Defense

DuPage County DUI defense attorneysWhen someone is arrested for driving under the influence (DUI), one of their biggest fears is the possibility of spending time in jail. There are two ways you could spend time in jail. First, if you are arrested for a DUI and cannot make bail, or if you violate the conditions of your bail, you could be held in jail until your case is settled. Second, if you are convicted of DUI, part of your sentence could include jail time.

Fortunately, recent changes in Illinois law and the increased use of electronic monitoring devices have significantly reduced the likelihood that DUI offenders will have to spend time in jail.

Misdemeanor DUI Arrest: Usually No Jail, No Bail

When arrested for a misdemeanor DUI in Illinois, most people are processed and immediately released on their own recognizance without having to pay bail. This includes most first-time and second-time DUI arrestees charged with a misdemeanor offense.

The Illinois Bail Reform Act of 2017 created a presumption that “any conditions of release imposed shall be non-monetary in nature” for nonviolent, low-level crimes, such as a DUI (725 ILCS 5/110-5). The law also requires the courts to consider an offender’s socio-economic circumstances when setting conditions for release.

In place of a cash bail, the court may set conditions of release, such as electronic home monitoring, curfews, drug counseling, stay-away orders, and in-person reporting.

DuPage County was one of the first counties in Illinois to use secure continuous remote alcohol monitoring (SCRAM) ankle bracelets to monitor DUI offenders, starting in December 2006. A SCRAM bracelet automatically tests your perspiration for alcohol content every 30 minutes and immediately alerts the police if any is detected.

Felony Aggravated DUI Arrest: Jail, Bail, and Electronic Monitoring

Drivers charged with the felony crime of an aggravated DUI are more likely to be subject to cash bail and other bail conditions, such as being required to wear an electronic SCRAM alcohol-monitoring anklet. This includes offenders with two or more prior DUI convictions. A drunk driver who causes an accident that seriously injures or kills another person can expect the most severe consequences.

Consider this recent case of a DuPage County man who was pulled over for disobeying a traffic signal and suspected of drunk driving. Lisle police reported that the man’s driver’s license was still revoked, due to prior DUI convictions. The drunk driver was arrested and charged with the class 4 felony of aggravated DUI with a revoked driver’s license and the class 2 felony of aggravated DUI in a third or subsequent offense. His bail was set at $10,000. He was released from jail less than 24 hours after his arrest after posting the required 10 percent ($1,000) and agreeing to wear a SCRAM bracelet.

The chance of spending time in jail goes up substantially when a drunk driver causes an accident in which someone is seriously injured or killed. In one recent Chicago area incident, a drunk driver was charged with aggravated DUI causing death and failure to report an accident resulting in death. After being arrested on December 21, 2017, he remained in jail for over a week, with bail initially set at $500,000. The driver was eventually released after posting the required 10 percent bond and was ordered to wear a SCRAM anklet until his case was settled.

A DuPage County DUI Defense Attorney with 20+ Years’ Experience

If you have been arrested for DUI, particularly a case of aggravated or felony DUI, you could be held in jail, pending trial. Call an Oak Brook DUI defense lawyer as soon as possible. The attorneys at McMahon Law Offices are especially skilled at negotiating with the DuPage County law enforcement system because they have worked in it for 45 combined years as prosecutors, judges, and defense attorneys. McMahon has successfully defended hundreds of clients against their DUI charges. Call 630-953-4400 for a free initial consultation.









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