First-Time DUI in Chicago: Will You Go to Jail?

DUI ·
May 11, 2021
First-Time DUI in Chicago: Will You Go to Jail?

A first-time DUI arrest in Chicago can be a truly unsettling experience. One moment, you’re on your way home, and the next, you’re facing flashing lights, handcuffs, and a whirlwind of questions: “Will I go to jail for a DUI?” “What about my driver’s license?” “How will this affect my job?” We understand these concerns completely. Even if this feels like a single mistake, Illinois takes DUI charges seriously, and the repercussions can impact your career, finances, and future.

You don’t have to navigate this alone. At Dohman Law Group, we’re here to help you understand your options and guide you through the process. With the right legal support, you can confront the situation confidently, make informed decisions, and strive for the best possible outcome.

Reach out to Dohman Law Group for a free consultation. Call today at (847)616-9993

What Counts as a DUI in Illinois?

In Illinois, as a first-time offender convicted of DUI, you can be charged if:

  • Your blood alcohol content (BAC) is 0.08% or higher
  • You are under the influence of alcohol, drugs, or any intoxicating compound
  • You have 5 nanograms or more of THC (marijuana) in your blood within 2 hours of driving
  • You refuse to take a breathalyzer or field sobriety test when asked by a police officer

Even if your BAC is lower than 0.08%, you can still be arrested if the officer believes you’re unable to drive safely.

A police officer administering a sobriety test to a person.

Will I Go to Jail for My First DUI in Illinois?

A first-time DUI in Illinois is a Class A misdemeanor, which is the most serious type of misdemeanor. It carries a maximum penalty of:

  • Up to 365 days in jail
  • A fine of up to $2,500
  • Mandatory court costs and fees

But here’s the good news: many first-time offenders do not serve the full jail sentence. In many cases, the court may offer court supervision, which helps you avoid a criminal conviction if you meet all the requirements.

What Is Court Supervision?

Court supervision is often the best possible outcome for a first DUI. Instead of sending you to jail, the court monitors you for a set period, usually 12 to 24 months. If you follow all the rules and complete any required programs, the charge is dismissed.

During supervision, you may be required to:

  • Attend DUI education or an alcohol treatment program
  • Complete community service hours
  • Avoid new arrests or traffic violations
  • Pay court costs and fees

Completing court supervision can help you avoid a permanent criminal record.

Other Penalties for a First-Time DUI

Even if you avoid jail time, a DUI comes with many other penalties, including:

  1. License Suspension. If you fail or refuse a breath test, the Illinois Secretary of State will automatically suspend your license:
  • 6 months if you failed the test
  • 12 months if you refused the test

You may qualify for a restricted driving permit, but you’ll have to install a Breath Alcohol Ignition Interlock Device (BAIID) in your car.

  1. Fines and Fees. In addition to a potential $2,500 fine, you’ll also need to pay:
  • Court filing fees
  • DUI program costs
  • BAIID installation and monthly fees
  1. Community Service. If your BAC was 0.16 or higher, or you had a child passenger under 16, the court may order extra hours of community service, possibly up to 100 hours.
  2. DUI Education or Treatment. Most first-time offenders are required to attend classes on the dangers of drunk driving. For your first DUI conviction, you will have to attend these classes, and in some cases, you may be ordered to complete a full substance abuse treatment program.
People in bright vests picking up trash in a park.

Aggravating Factors That Increase Penalties

Some situations can lead to higher penalties, even for a first DUI. These include:

  • A blood alcohol concentration (BAC) of 0.16 or higher
  • Having a passenger under 16
  • Causing an accident that leads to injury or death
  • Driving without insurance
  • Having a suspended license at the time of the DUI

In these cases, your first-time DUI could be upgraded to a felony DUI, which carries mandatory jail time and even prison.

What Happens After You’re Arrested?

After being pulled over by a law enforcement officer, you’ll go through several steps:

  1. Arrest and Booking – The officer will ask for your license and may conduct a field sobriety test or a breathalyzer. If they believe you’re impaired, you’ll be arrested.
  2. Bond Hearing – You may be released on bond with a future court date.
  3. Court Appearance – You’ll face a judge and can enter a plea. This is where hiring a defense lawyer becomes critical.
  4. Supervision or Trial – You may be offered court supervision, or you may go to trial, depending on your case.
  5. Sentencing – If found guilty, the judge will decide your punishment, which could include time in jail, fines, or community service.

Can I Get My First DUI Dismissed?

Yes, it’s possible, but it’s not easy. A skilled criminal defense attorney can review your case and look for ways to get the charges dropped or reduced. This could include:

  • Challenging the validity of the breath test
  • Arguing improper police procedure
  • Showing there was no probable cause to pull you over
  • Proving you weren’t actually in control of the vehicle

While court supervision is often the safest option, a good lawyer will always explore whether your charges can be dismissed entirely, helping you work towards a clean record.

Learn More: Common Mistakes Police Make During DUI Stops

Will My Employer Find Out?

A DUI can bring up a lot of worries, especially about your job. We understand. An impaired driving arrest can appear on both your driving and criminal records, which many employers check. This is particularly true if you have a commercial driver’s license or your job involves driving. Even a first offense, if it leads to a driver’s license suspension, can create problems for your employment. And remember, under Illinois’ Implied Consent Law, refusing a breathalyzer test can also lead to penalties, even without a conviction.

Sometimes, your employer might find out through public reports or social media. While it’s a tough conversation, sometimes being upfront is the best approach. At Dohman Law Group, we’re here to help you through the process, from required alcohol screening/education/treatment and rehabilitation programs to understanding DUI penalties, blood alcohol content, and even navigating a plea bargain. Our goal is to protect your future and your livelihood, all while ensuring compliance with state laws.

A person filling out a criminal background check request form.

How a DUI Can Affect Your Life Long-Term

While immediate consequences like fines or jail time are a concern, a DUI’s long-term effects can hit hard. Here’s how:

  • Job Prospects: Finding new employment, especially if driving is part of your job, can become incredibly difficult.
  • Insurance Costs: Your auto insurance premiums will likely skyrocket because you’re now seen as a high-risk driver.
  • Relationships: Relationships with family, friends, and coworkers can get strained.
  • Education: College scholarships or even school applications could be jeopardized.
  • Device Requirements: You might face ongoing supervision or the requirement to install a Breath Alcohol Ignition Interlock Device by a certified ignition interlock installer.
  • Test Results Impact: If your case involves a blood alcohol or drug test, the results are crucial in court, potentially increasing penalties and reducing your chances for a good outcome.

This often leads people to wonder: how many DUIs can you get before going to jail? The answer varies, but with each additional offense, the risk of mandatory jail time, longer license suspensions, and steeper fines grows significantly.

A DUI is more than just a legal issue; it’s a life-changing event. Getting legal representation and completing evaluations and programs like a Risk Reduction Program can truly help protect your future.

Don’t Face It Alone

If you’ve been arrested for a DUI, don’t wait to get help. The decisions you make now can impact your entire future. At Dohman Law Group, we’ve helped hundreds of people in your exact position.

We understand how to fight first-time DUI charges, protect your driving privileges, and work to keep your record clean. Whether you need help with court supervision, license reinstatement, or minimizing jail time, we’ll be by your side from start to finish.

Contact us for a free consultation and talk to a defense attorney who can fight and win first-time DUI cases in Chicago.