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Third Time DUI

Every DUI arrest can have severe penalties because penalties increase with each DUI offense. However, each DUI case is unique and the charges vary with the circumstances of each case. Higher DUI penalties occur when a child under 16 is in the vehicle or if the blood alcohol concentration (BAC) is double the legal limit. Depending on the circumstances of your drunk driving arrest, a third time DUI offense can have severe consequences.

What is the Penalty for 3rd DUI in Illinois?

In Illinois, any driver arrested for drunk driving who fails, refuses, or doesn’t complete a chemical test of breath, urine, blood, and/or other bodily substance risks automatic license suspension. Administrative license suspension is referred to as a statutory summary suspension. 

In many circumstances, failing a chemical test means a driver has:

  • A blood alcohol concentration level (BAC) of 0.08 or higher.
  • 5 nanograms or higher of tetrahydrocannabinol (THC) per millimeter of blood or ten nanograms or higher per millimeter of another bodily substance, or
  • An amount of controlled substance in the individuals’ urine, blood, or other bodily substance.

If a DUI offender has had a DUI conviction before or a statutory summary suspension within the last five years, the suspension period includes one year for a failed test and 3 years for refusal or failure to complete a test.

A third-time DUI conviction is an aggravated DUI offense, which is considered a class 2 felony offense in Illinois. A third DUI conviction carries the following criminal penalties:

  • A minimum jail time of ten days in jail or 480 hours of community service, if the defendant is sentenced to probation time.
  • A minimum jail sentence of 90 days in jail, if the defendant’s blood alcohol content was 0.16 or higher, and
  • A maximum jail sentence of 3 to 7 years in prison, plus 7 to 14 years in jail if aggravating factors are present.

For a third DUI offense, the following fines are also imposed:

  • A minimum fine of $2,500 if your BAC was 0.16% or higher.
  • A minimum fine of $25,000 if you were transporting a child under the age of 16 years in your car, and
  • A maximum fine of $25,000.

A third-time DUI conviction also carries additional penalties, including a ten-year license suspension period besides the statutory summary suspension mentioned above. 

Third Time DUI Chicago

After the license suspension, the defendant must get a restricted driving permit (RDP) to get their driving privileges back. With an RDP, you can drive to work, medical appointments, school, alcohol or drug treatment, and in other limited circumstances. Also, the defendant must install an ignition interlock device (IID) or breath alcohol ignition interlock device (BAIID) in their vehicle to get an RDP. the defendant must use the ignition interlock device for at least five years and they must pay $30 every month they use the IID. further, the defendant must take part in a designated driver remedial or a rehabilitation program before they’re issued with an RDP.

Further, all DUI offenders must complete an alcohol and drug evaluation program to establish if they have a substance abuse problem. The defendant must also complete an alcohol and drug treatment program recommended after the evaluation. DUI offenders are responsible for all costs of the evaluation and treatment program.

How Long Does a DUI Stay on Your Record in Illinois?

In Illinois, any drunk driving offense, including a DUI, will stay in your driving record for life. Further, a DUI conviction also results in driver’s license revocation. 

The Criminal Identification Act permits you to seal a criminal record. This means your criminal record still exists, but it’s not accessible to the general public and can only be accessed by a court order from a judge. However, in Illinois, it’s illegal to seal a DUI conviction.

Expungement allows the state to destroy physical copies of your criminal record and remove your name from public and official records regarding a particular crime. However, whether you were sentenced as an adult or even a minor, in Illinois, a DUI conviction can’t be expunged.

How Long is Probation for 3rd DUI?

A third-time driving under the influence of alcohol or drugs offender is eligible for up to 48 months of probation. Also, a third-DUI offense carries mandatory jail time of at least ten days in county jail or 480 hours of community service.

Third offense DUI

Can You Beat a Third Time DUI?

If you’re a habitual traffic offender, then you’ll likely spend time in jail. DUI jail time, especially in Illinois, is often mandatory for any DUI offender with or more DUI convictions. If you want to avoid spending time in jail for a third-time DUI offense and beat your charges, then you must fight your DUI charges in court.

Although stakes are higher, there’s no benefit to pleading guilty or admitting to sufficient evidence. Both legal options will lead to the same outcome--a conviction; thus, you’re better off fighting your DUI charges in court. 

Hiring an experienced DUI criminal defense attorney can help you build a strong defense, improving your chances of receiving a “Not guilty” verdict. You and your DUI criminal defense lawyer could, for instance, challenge the arresting police officer’s testimony or the sufficiency of your DUI convictions in the past.

Thus, if you’re charged with a 3rd DUI offense, contact an experienced Rolling Meadows DUI attorney as soon as possible. With the right criminal defense representation on your side, you’ll increase the odds of beating your DUI charges and you might not serve any jail time.

How Long Will I Wear My SCRAM Bracelet for 3rd DUI Offense?

Typically, there’s no fixed period of time for wearing a secure continuous remote alcohol monitor SCRAM bracelet. However, the exact length of time will depend on your DUI case. Often, DUI offenders who wear SCRAMs have to wear them for at least one month and no more than one year. If you and your DUI lawyer are suggesting a SCRAM to avoid jail time or prison time, it’s best to propose a longer period, including six months or a full year. Because this is your opportunity to show the judge, you’re alcohol-free and that you won’t endanger anyone again. 

If you’re proposing wearing a SCRAM bracelet to avoid jail time, it’s essential to note that it will cost you $10-15 per day to wear this device. This can be an expensive legal option, especially for longer sentences; however, it’s worth it if it keeps you out of jail.

A third-time DUI arrest can feel hopeless because you might feel like your DUI case is impossible to win. Dohman Law Group is ready to help you navigate the legalities that come with a third-time DUI case. Our skilled DUI criminal defense attorneys will ensure that hope isn’t lost and we’ll explore all the legal options available to help you get a favorable outcome. We’ll have your back by keeping severe Illinois DUI penalties at bay. Be assured, we won’t settle for less and we’ll fight fiercely to protect your rights and interests. 

If this is your third DUI offense, it’s essential to hire an experienced defense team right away to avoid your DUI charge having permanent effects on your life, career, and family. 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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