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DUI Sentencing in Illinois

Chicago DUI Defense Attorney

If you have been charged with DUI in Chicago and plead to "guilty', "no contest" or are convicted after pleading "not guilty" the court will sentence you based on a number of factors. For a first offense with no other charges, you may face any number of factors from jail time, community service, drug and alcohol classes or a victim impact panel in addition to fines. The judge can order any punishment he sees fit within the law.

In addition to the penalties given to you by the judge, you may separately face a suspension or revocation of your drivers license by the Secretary of State. If there are other circumstances such as causing an accident or having a passenger under 16 in the car, the penalties can increase sharply. In any DUI case it is very important to speak to a Chicago DUI defense lawyer at The Toney Law Firm, LLC immediately to protect all your rights.

DUI penalties can place all sorts of restrictions on a person's life beginning with the mandatory suspension of their license for months to several years. In some cases, a Breath Alcohol Ignition Interlock Device (BAIID) may be required to be installed in your car for a year in order to regain your driving privileges.

What Factors Impact DUI Penalties?

Before issuing a sentence, the court will listen to motions by both the defense and prosecution. They must apply the appropriate penalties outlined in the state statutes.

They will take into consideration such things as:

  • Any prior criminal history or prior DUI convictions.
  • If your DUI arrest also involved or caused an accident.
  • Whether you caused anyone serious physical injury or death.
  • Whether you had an excessive BAC (over 0.16%).
  • Whether you had a passenger under 16 in your vehicle.

Taking all these factors into consideration, the court will sentence you to a fine, jail time (possibly suspended in lieu of community service), prison time if your DUI resulted in another's injury or death, a suspended or revoked license, use of a BAIID instead of suspension, Drug or alcohol education or treatment programs and probation.

Contact a Chicago DUI Attorney for more information about what type of sentence you can expect for a DUI conviction.

Have You Been Arrested for a DUI? Learn More About What to Expect After Your DUI Arrest

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