Illinois DUI Penalties & Aggravating Factors

Man being arrested next to cop car by cop

Driving while under the influence (DUI) charges can result in severe penalties for the accused. However, did you know that aggravating factors can increase the severity of the penalties someone can face? Before we look at those aggravating factors and how they impact outcomes, we need to understand baseline DUI penalties.

Baseline DUI Penalties in Illinois

A first-time DUI conviction with no aggravating factors will result in the least severe penalties of the all of the following charges.

In Illinois, a first-time DUI conviction is a Class A misdemeanor that could result in the following penalties:

  • Up to 1 year in jail; or
  • Fine of up to 2,500; or
  • Both the fine and the prison term; and
  • Mandatory license suspension of 3 months.

While these penalties are harsh, aggravating factors can make the penalties much worse.

Two DUI Convictions

Someone who has a history of DUIs could face worse penalties for their next DUI conviction when compared to someone convicted for first-time DUI. However, the new DUI conviction is only impacted by a previous DUI charge if it occurs within a specific timeframe.

If a second DUI conviction occurs at least five years after a first-time DUI conviction, then it is a Class A misdemeanor just like a first-time DUI. However, if a second DUI conviction occurs within five years of a first-time DUI conviction, then it will result in mandatory penalties.

Someone charged with a second DUI offense within five years of a first-time DUI offense will face a mandatory minimum penalty of at least five days in jail or at least 240 hours of community service.

However, the penalties drastically increase for those convicted of more than two DUIs.

Third-Time DUI Conviction

A third-time DUI conviction will result in severe consequences for the convicted.

In Illinois, a third-time DUI conviction is a Class 2 felony that could result in the following penalties:

  • 3-7 years in prison; or
  • Up to 4 years’ probation; and
  • Fine of up to $25,000; and
  • License revocation for up to 10 years.

As you can see, these penalties are much worse than a first-time DUI conviction. However, a first-time DUI conviction with other aggravating factors can significantly increase penalties.

DUI While Transporting a Child

A first-time DUI offense committed by anyone over 21 or older while transporting a person under 16-years-old could face the following penalties:

  • Six months of jail time; and
  • Mandatory minimum fine of $1,000; and
  • Twenty-five days of community service in a program to benefit children.

Driving with a minor is only one of the aggravating factors that can impact a first-time DUI charge. Driving with a blood alcohol content (BAC) that is twice the legal limit is another one of the factors.

Driving With Twice the BAC Limit

Anyone operating a motor vehicle with a BAC that’s over 0.08% could be charged with a DUI. However, driving with a BAC that’s twice the legal limit will result in additional penalties on top of first-time DUI penalties.

Someone convicted of driving with a BAC that’s 0.16% or more may face these additional penalties:

  • 100 hours of community service; and
  • Mandatory fine of $500.

Are You Facing DUI Charges?

If you or a loved one is facing DUI charges, you have the right to hire experienced defense for your case. The Toney Law Firm is a Chicago-based criminal defense firm that knows how to get results for our clients.

If you’re interested in hearing more, call (888) 473-4058 now for a free consultation.