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Second Time DUI

Illinois is well-known for its strict laws, especially concerning drunk driving. If you’ve already been convicted of DUI criminal charges, you know how serious the penalties can be. When you’re facing a second time DUI conviction, the effect on your life and family can be more severe. The experienced criminal defense team at Dohman Law Group is ready to help you with a favorable outcome to a potentially life-changing situation.

What Happens the Second Time You Get a DUI?

In Illinois, a second DUI conviction is a Class A misdemeanor. A Class A misdemeanor offense carries:

  • A maximum of days in prison or jail or 240 hours of community service.
  • A maximum jail sentence of 364 days.

Alongside other penalties, if a second-time DUI offender had a blood alcohol concentration of 0.16% at the time of the second DUI charge, he or she risks a minimum of two days in jail.

A second DUI offense committed by an offender who has a minor in their vehicle is an aggravated DUI and a Class 2 felony offense. Such an offender must complete 25 days of community service in a program that’s beneficial to children besides other additional penalties imposed. A second-time DUI charge under these circumstances carries:

  • A minimum jail time of ten days in jail or 480 hours of community service--if convicted to a probation term, and
  • A maximum jail sentence of 3 to 7 years in jail or prison, and if aggravating factors 7 to fourteen years in jail.

Further, based on the circumstances of your second-time DUI charge, the following fines can be imposed:

  • A maximum fine of $2,500 for a second DUI charge, which is a Class A misdemeanor.
  • A maximum fine of $25,000 for a second-time DUI charge that’s a Class 2 felony charge.
  • A minimum fine of $1,250 if your blood alcohol content level was 0.16% or more.
  • A minimum fine of $2,500 if you were transporting a minor in your car, which is a Class 2 felony charge.
  • A minimum fine of $5,000 if you were transporting a child in your vehicle who suffered a personal injury because of a car accident, which is also a Class 2 felony offense.

For a second-time or subsequent DUI conviction within 20 years, you risk five tears of driver’s license revocation. This driver’s license suspension is in addition to the statutory summary suspension mentioned above. 

Woman arrested for DUI in Illinois

To get your driving privileges after the license revocation, you must have been issued a restricted driving permit (RDP) for five years. With an RDP, you can drive to work, medical appointments, school, and/or alcohol or drug treatment. If your driver’s license has been suspended because of two or more DUI convictions, you must install an ignition interlock device (IID) in your vehicle to get the RDP. you’ll need to use an IID for at least five years and you must pay $30 for each month you use the IID.

Further, in Rolling Meadows, Aurora, Elgin, and the entire state of Illinois, all DUI offenders must undergo mandatory alcohol and drug evaluation to establish if they have a substance abuse problem. If the alcohol and drug evaluation show a substance abuse problem, you must undergo a recommended alcohol and drug treatment program. Also, DUI offenders are required to attend a victim impact panel (VIP) and are responsible for all costs associated with evaluation, treatment, and VIP.

Should I Get a Lawyer for Second Time DUI?

The entire prospect of jail time changes in a big way, if you’re facing a second DUI offense. 

Some judges give a second DUI offender a little time in jail to reflect on things. Also, some judges don’t impose any jail time, even for second-time DUI offenses. And there are the rest--most judges-- who are in the middle, who seriously consider both imposing jail time, in some second-time DUI cases. 

Most judges may give one person 21 days in jail for their second DUI, lock up another person for just three days for the same offense, and skip incarceration altogether in another second-time DUI case.

So, in a second DUI offense, jail time is very much on the menu. Luckily, hiring an experienced DUI lawyer can make a significant difference in how things pan out for you. A DUI lawyer can help you avoid, or they can minimize severe penalties beyond jail. 

Often, a prosecutor may reduce a DUI charge to reckless driving, which is often a misdemeanor offense. Under this type of conviction, you may not face jail time or have your license suspended. However, if you’re charged with a DUI in the future, the reckless driving conviction may count as a prior DUI conviction. Having a DUI criminal defense attorney by your side can help you negotiate a plea bargain that benefits.

Many DUI cases aren’t as clear as you think. Some factors may affect the results of your field sobriety tests or chemical tests. Many factors can affect field sobriety tests. For instance, a balancing test can cause a negative result because of your footwear or inner ear problems. Chemical tests can also yield false-negative results if the reading was inaccurate of a faulty breathalyzer machine or a police officer’s lack of familiarity with such a machine. The machine may also have been calibrated incorrectly. Hiring a DUI attorney can be beneficial because he or she will take your case to trial or file a motion to get your case dismissed because of procedural issues.

Second DUI convictions often result in severe penalties. So, if you’re facing a potential conviction for a second or subsequent DUI, you’d be better off hiring a DUI attorney to protect your rights and represent your interests.

Further, if your second DUI came about because of an accident that resulted in death or personal injury, the consequences can be detrimental if convicted. A conviction can lead to years of jail time. Thus, you need to hire an experienced DUI criminal defense lawyer in this type of second-time DUI case.

How Long Will a DUI Stay on Record in Illinois?

If you’re convicted of a drunk driving offense in Illinois, that DUI will stay on your criminal record forever. This means you won’t be able to expunge or remove it from your record. Thus, if you accept DUI charges, the DUI won’t go away.

This can affect your situation in the future severely. For instance, insurance companies will see your driving record, and a DUI from a decade ago can lead to high insurance rates, or the insurance company may refuse to cover you at all because they see you as a risk.

Second Offense DUI Illinois

How Do I Get My License Back After My 2nd DUI in Illinois?

After completing your statutory summary suspension or your criminal penalty license suspension, you can seek to have your license reinstated by the Secretary of State. To have your license back after revocation because of a DUI you must pay a fee. After a DUI-related license revocation, you have to:

  • Go through mandatory alcohol and drug evaluation.
  • Complete mandatory alcohol and drug education program.
  • Show proof of alcohol and drug abuse treatment.
  • Show proof of economic responsibility for driving.
  • Attend a hearing with an officer at the driver services facility.
  • Prove you aren’t a threat to public safety at the hearing.
  • Pass all sections of the driver’s license exam.
  • Pay a reinstatement fee.
  • Pay an application fee.

This may sound like too much to get your license back, but a DUI attorney can help you gather all the information needed to fill out any necessary documentation, and guide you through the process. While it may take some time to get your license back, your DUI criminal defense attorney can help you get back your driver’s license quickly and painlessly.

If you have been charged with your second or subsequent DUI, you must speak with an experienced DUI criminal defense lawyer as soon as possible. Having an effective criminal defense is crucial. At Dohman Law Group, our experienced DUI criminal defense lawyers routinely handle DUI cases. We have decades of experience, and we can use this knowledge and expertise to mitigate the damage a DUI conviction can cause in your life.

Each DUI case is unique, and there are specific details that are useful in court. Before you deem yourself guilty of a DUI case, take a DUI lawyer into the loop and let them see what your legal options are. To schedule a free initial consultation, call our criminal defense law firm today at (847) 616-9993, or chat with us online to learn how we can help. 

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