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Oak Brook DUI defense attorneyIt is important to understand what you are risking when you drive under the influence of alcohol or drugs in Illinois. State law categorizes even a first-time DUI as a class A misdemeanor crime, which is punishable by up to one year in jail, among other penalties. A more serious form of DUI, known as aggravated DUI, is a felony for which a judge can impose a sentence of multiple years in state prison.

However, those are maximum penalties, not the most likely. By looking at historical data, we can assess the likelihood that someone convicted of DUI will actually spend time in county jail or state prison. The circumstances of a first-time DUI will have a significant impact on the likelihood of your spending time in jail.

Jail Time Is Unlikely for Misdemeanor First DUIs in Illinois

Circumstance 1: First Offense with Successful Court Supervision. For a first-time misdemeanor DUI, the court may allow to you plead guilty and receive court supervision. If you fulfill all the requirements set by the court and successfully complete the supervision period, no DUI conviction will be entered on your criminal record. The court may require you to perform community service or pay fines, but the penalties will not include jail time or revocation of your driver’s license. Note that you will still have to serve out any statutory summary suspension of your driver’s license.

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Illinois DUI lawyerIf you’ve been arrested for a first-time DUI, you might think your best option is to just plead guilty and get it over with. But is that really your best option? When it comes to DUI in Illinois, the law is quite complicated. To make it easier to understand, we will use the hypothetical case of 23-year-old Simon.

Simon was arrested for his first-ever DUI while driving home alone from a party in DuPage County. His blood alcohol level tested at .14, well over the legal limit of .08. So, he assumed that pleading guilty would be the quickest and cheapest way to get this mistake behind him.

Why would he plead guilty to DUI when the potential penalties are so high?

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