It is against the law in Illinois to drive under the influence (DUI) of alcohol, drugs, or a combination of substances. The moment a person becomes impaired and unable to operate their vehicle in a safe and controlled manner, DUI charges are likely to follow.
That being said, the Illinois penalties for DUI offenses increase dramatically for repeat offenders, particularly in cases of aggravated DUI. To understand exactly how this system works, the following sections will examine Illinois DUI penalties under 625 ILCS 5/11-501.
- First DUI Conviction
Generally speaking, DUI is a Class A misdemeanor on the first offense. At this level, the penalties can include a maximum of $2,500 in criminal fines and 12 months in jail.
- Second DUI Conviction
On the second offense, DUI remains a Class A misdemeanor in Illinois. But Section 11-501 triggers mandatory levels of punishment. Second-time DUI offenders are subject to a minimum of 240 hours of community service or five days in jail.
- Third/Fourth DUI Conviction (Aggravated DUI)
On the third offense, DUI becomes aggravated DUI and transforms into a Class 4 felony. At this level, the penalties can include a maximum of $25,000 in criminal fines and one to three years in prison.
On the fourth offense, aggravated DUI remains a Class 4 felony with a substantially similar punishment.
- Fifth/Sixth DUI Conviction (Aggravated DUI)
On the fifth offense, aggravated DUI is a Class 2 felony. At this level, the penalties can include a maximum of $25,000 in criminal fines and three to seven years in prison.
On the sixth offense, aggravated DUI remains a Class 2 felony with a substantially similar punishment. But Section 11-501 prevents the offender from receiving probation or conditional discharge for this Class 2 felony.
- Seventh DUI Conviction (Aggravated DUI)
On the seventh offense, aggravated DUI is a Class 1 felony. At this level, the penalties can include a maximum of $25,000 in criminal fines and four to 15 years in prison. Additionally, 11-501 prevents the offender from receiving probation or conditional discharge for this Class 1 felony.
- Eighth or Subsequent DUI Conviction (Aggravated DUI)
On the eighth or subsequent offense, aggravated DUI is a Class X felony. At this level, the penalties can include a maximum of $25,000 in criminal fines and six to 30 years in prison. Furthermore, Class X felonies in Illinois do not allow sentences of probation or conditional discharge.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.