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DuPage County DUI defense lawyerIf you have at least one prior conviction for driving under the influence on your record, each new conviction has increasingly more serious consequences. The more DUIs you commit, the greater your chance of spending time in jail or even in state prison becomes.

You also need to be aware that, thanks to interstate data sharing agreements, DUI conviction in other states will count when an Illinois prosecutor or judge adds up the number of prior DUI convictions on your record. (A DUI arrest that resulted in a successfully completed court supervision will not be counted as a prior conviction.)

Likelihood of Spending Time in Jail for a Second DUI Conviction

Illinois classifies both a first DUI conviction and a second DUI conviction as Class A misdemeanors, punishable by a maximum of 364 days in county jail and/or a maximum fine of $2,500. A first DUI conviction has no mandatory minimum jail sentence, however, so a judge could conceivably let you off with supervised probation, a fine, and/or community service.

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Chicago DUI defense attorneysEffective January 1, 2019, Illinois judges will be authorized to impose harsher sentences on anyone convicted of “wrong way” driving under the influence (DUI).

The new law, PA 100-1053, was passed in August 2018. It amends a section of the Illinois Criminal Code (730 ILCS 5/5-5-3.2) that lists the aggravating factors that a judge may use to justify extended-term sentencing.

How Extended Term Sentencing Applies to a DUI

Illinois law states that a driver who causes the death of another person while driving under the influence is guilty of a class 2 felony, punishable by 3 to 7 years in prison.

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Illinois DUI defense lawyerWhen the police see someone driving erratically, they often jump to the conclusion that the person must be driving drunk or high. In such cases, a police officer may be predisposed to find reasons to request a breathalyzer test and make a DUI arrest. By the time they are done with you, you may feel like you have already been convicted. But breathalyzer tests can be wrong and there are many ways to challenge the results.

Reasons a Breathalyzer Result Could Be Wrong

You will want to let your attorney know about any possible grounds on which the breathalyzer result could be challenged. Here are some examples.  

Waiting period. To ensure that you have not consumed anything that could cause a false reading, the police are supposed to observe you for 20 minutes prior to running an evidentiary breathalyzer test (the one done at the police station). Police procedural error is a common DUI defense strategy.

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