All Illinois drivers should remember that they are subject to all Illinois laws ON drunk driving, including automatic consent to undergo sobriety tests after a drunken stop or stop. Laws are commonly referred to as implied consent laws. These tests range from performing a blood alcohol test to blood tests. The results are rarely pretty. In 2015, more than 300 people died as a result of car accidents caused by the alcohol faculty of one of the drivers. Although with stricter laws and more vigilance, the number of deaths related to sustainability with respect to impaired driving has decreased over the decade, the problem remains persistent. Under the drunk driving laws set forth in Illinois` compiled statutes, driving under the influence of Illinois is a serious crime and carries significant penalties, including jail time and/or loss of your driving privileges. Illinois has much stricter laws than many other states in the country. This happened intentionally because the incidence of accidents and deaths due to impaired driving had increased so much in recent decades that drastic laws were needed. However, the installation of these laws is going well, and the DUI rate is much lower in Illinois today.
Dominick Dolci and Pat Weiland have both been named Top 100 DUI Lawyers in Illinois by the National Advocacy for DUI Defense (NAFDD). They have helped many people accused of drunk driving avoid the legal summary suspension of their driving privileges. Call today to find out how they can help you. (630) 261-9098. The actual penalty you receive depends on various factors. The prosecutor`s recommendation, your remorse, the severity of the damage (property or bodily) that your DRUNK DRIVING has caused, and your ability to be rehabilitated and treat any alcohol addiction will play a role in your punishment. For a second impaired driving indictment, a defendant is not entitled to a supervisory sentence. The minimum sentence allowed by Illinois law for a second DUI is a conviction. And a conviction will lead the Secretary of State to withdraw the defendant`s driver`s license.
Previous post: Illinois Statutory Summary Suspension Act: The Basics However, even the first DUI is very expensive. If you have not been stopped at home or at another place where you can park your vehicle, you may have to pay for towing and confiscating your vehicle. The DE DUI course costs at least $50 and the consultation fee is approximately $200. If your auto insurance company learns of your conviction, your premiums will increase and you will have to pay special high-risk insurance for 3 years. If the courts order a locking device, it is also very expensive. All of this doesn`t take into account possible court penalties and legal fees, except for the time you miss the job because you have to go to court. The penalties are harsher than for any other offense in Illinois. If you are convicted, your driving privileges will be suspended for at least one year. After the year ends, your permissions are not automatically restored.
You will need to file a petition to get your license back and convince the Secretary of State that you deserve to get your license back. It should be noted that if the defendant has already been convicted of reckless conduct, he is not entitled to judicial review in the event of arrest for drunk driving (first or second). Many people don`t feel the need to seek the help of a lawyer when they are first charged with a DUI. There is often an offer from the prosecutor that allows them to go home and deal with fines and penalties at their own pace. There is usually no request for a prison sentence, so it seems like a lot. The judge may sentence the accused to a conditional sentence instead of imprisonment. The probationary period may be two years. For all offenders who are drunk for the second time in Illinois, there are mandatory minimum sentences. For example, all second-duty offences must carry a sentence of five days in a county jail or 240 hours of community service. It is not possible to derogate from these mandatory minimum requirements. The judge is obliged to impose these minimum requirements in all cases, regardless of mitigating circumstances such as disability, relatives, employment, education or other obligations. The consequences for your second DUI are much more serious than for your first.
Although you were easily freed from the hook for the first time, you won`t be as lucky this time around. In the case of a second violation of the DUI, the law prohibits the court from ordering the defendant for judicial review. A conviction is mandatory. The first offence of drunk driving usually involves judicial review and, although the defendant`s driver`s licence is temporarily suspended while the case is pending, entry under judicial supervision prevents the subsequent withdrawal of the defendant`s driving privileges. However, the second offence is not eligible for judicial supervision and if the accused is convicted of the offence, revocation follows. The time between offences may also be included in the penalties for a second conviction for drunk driving. If your second conviction for drunk driving is within 20 years of the first offense, your Illinois driver`s license will be suspended for at least five years with perhaps more time, depending on the circumstances of your case. On the other hand, if the second DUI offense occurs within five years of your first DUI offense, Illinois law may require you to spend five days in jail or perform 30 days of required community service in addition to other fines and penalties. In some cases, you can also face a fine of up to $2,500 or jail time of up to a year.
If you are convicted in Illinois or plead guilty to a DUI offense and have already been convicted of DUI, you will be convicted of a Class A offense. According to the Illinois Secretary of State`s 2018 DUI Fact Book, some of the penalties and possible consequences you`ll face include: Getting a DUI can be a sufficient challenge for you. If you get a second DUI, the penalties and penalties imposed on you for your first offense may seem like a breeze. Illinois, like other states, has a system of progressive sanctions to crack down on repeat offenders. This means that the penalties you face for duty increase with each subsequent conviction for drunk driving. Someone who has had four convictions for drunk driving in Illinois, for example, can expect to be treated more harshly in court than someone who has never had a conviction for impaired driving in the past. If the defendant was arrested for drunk driving with a passenger under the age of 16, the offence is a Class 2 crime. The sentence for this offence is 3 to 7 years in the Department of Corrections.
However, the judge has the power to sentence the accused to a conditional sentence and not to imprisonment. The trial period can last up to 48 months, or four years. In cases where the defendant has a child passenger, the court must order the defendant to pay a fine of at least $2,500, perform 25 days of community service in a children`s program, and spend 10 days in jail or 480 hours of community service. A second DUI usually results in another complete suspension of your driver`s license. If your previous DUI was within 5 years and you refuse the breath test on the new DUI, the summary suspension will last 3 years. If your previous DUI was within 5 years and you do not pass the breath test on the new DUI, the summary suspension will last for 1 year. Davis Group, P.C. DUI Advocates have extensive experience representing persons charged with impaired driving throughout Illinois, including those who have previously been charged with driving under the influence of alcohol. We understand the strategy needed to achieve the best possible result for our clients. Our driver`s license reinstatement lawyers are also available to provide high-quality legal representation to those who have been deprived of their right to drive due to the DUI.
Contact us today to discuss your case. If you or a loved one is facing a second DUI, now is the time to act. Your Woodridge DUI lawyer will listen to your story and receive evidence from the prosecutor so you can know your options. Call today to have a dedicated and qualified lawyer by your side. Being charged with impaired driving for the second time brings with it a new set of risks and challenges that were not present at the time of the first conviction. A second conviction for drunk driving could leave you with a more complete criminal record and affect your future in different ways. Even if you managed to avoid a conviction the first time, a second DUI charge in Illinois can result in harsher administrative penalties, criminal penalties, or both. While the law sets the parameters for the consequences of a second conviction for drunk driving, it is ultimately a judge who will use his or her discretion to determine the conviction. In order to maximize your chances of receiving the most favorable sentence possible or avoiding a conviction altogether, it is important to stay informed.