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What is the Likelihood of Spending Time in Prison for a Repeat DUI?

Posted on in DUI Defense

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.

A second DUI, on the other hand, does have a mandatory minimum sentence of either five days in jail or 240 hours of community service. If your BAC is .16 or higher, the mandatory minimum sentence is two days in jail plus a mandatory minimum fine of $1,250.

Likelihood of Spending Time in Jail for a Third DUI Conviction

A third or subsequent conviction for DUI in Illinois will be charged as an aggravated DUI, which is a Class 2 felony. The statutory penalty for a Class 2 felony in Illinois is three to seven years in state prison or probation for up to 4 years, plus a fine of up to $25,000.

An offender sentenced to probation or conditional discharge (a lesser form of probation in which the offender reports less frequently to a probation officer) must serve at least 10 days in jail or 480 hours of community service. If your BAC is .16 or higher, the mandatory minimum jail time is 90 days, plus a mandatory minimum fine of $2,500.

Example of Penalty for Repeat DUI in DuPage County

Most DUI offenders are not sentenced to the maximum possible penalties described above. To give you an idea of the actual penalties you are likely to face, consider this case of a DuPage County man convicted of aggravated DUI in January 2017. He didn’t cause a crash while driving, but it was his third lifetime conviction for DUI, making it a class 2 felony offense.

He was sentenced to 4 months in jail on the sheriff’s work-release program, followed by two years of probation with the condition that he wear a continuous alcohol monitoring (CAM) anklet. He was also ordered to participate in counseling, attend a victim impact panel, and pay over $3,900 in fines and fees.

Example of Penalty for Aggravated DUI Causing Death in Illinois

Judges typically hand down much tougher sentences for drunk drivers who cause a collision that injures or kills someone.  In a recent Chicago area DUI case, an intoxicated driver rear-ended another vehicle, causing both vehicles to leave the road and hit trees. The drunk driver fled, but a police dog unit was later able to locate him, not far from the crash site. The driver of the other vehicle was found dead at the scene.

The drunk driver was charged with aggravated DUI causing death, reckless homicide, and failure to report an accident resulting in death. In October 2018, as part of a negotiated settlement, the drunk driver was sentenced to 15 years in state prison, which consisted of seven years for the aggravated DUI resulting in death, and eight years for leaving the scene of the accident. The man will be eligible parole after 10 years, after serving 85% of the DUI sentence and 50% of the fleeing-the-scene sentence. The maximum sentence would have been 29 years.

A DuPage County DUI Defense Attorney with 25+ Years of Experience

Do not face a first-time DUI charge alone, particularly if the charge is an aggravated DUI. If arrested in or near DuPage County, consult an Oak Brook DUI defense lawyer as quickly as you can. The attorneys at McMahon Law Offices will do everything possible to develop a compelling case in your defense and mitigate the impact that this incident may have on the rest of your life. Call 630-953-4400 for a free consultation.







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