NOTE: The following information was adjusted to account for the Cannabis Regulation and Tax Act (Public Act 101-0027). After this Act took effect on January 1, 2020, there were significant changes to DUI laws in Illinois with the recreational legalization of cannabis.
A second offense for driving under the influence (DUI) can be scary. A second DUI is a Class A misdemeanor offense, which means that the sentence can be up to one year in jail and a maximum fine of $2,500. But the most important consequence of a second time DUI is that it can revoke your driver’s license.
For a second DUI charge, a defendant is not eligible for a sentence of supervision. The minimum sentence allowable under Illinois law for a second DUI is a conviction. And a conviction will cause the Secretary of State to revoke the defendant’s driver’s license.
Mandatory minimum penalties
In addition to a conviction and revoked driver’s license, the defendant is also subject to mandatory minimum penalties, such as the following:
- Five days in jail or 240 hours of community service.
- An assessment of $1,000, which is paid in addition to court costs and the fine.
- The second DUI offense will be upgraded to a Class 4 felony if the defendant: a) has a prior reckless homicide; b) causes an accident resulting in great bodily harm, disability or disfigurement; c) has a driver’s license that is suspended or revoked because of a prior summary suspension or DUI conviction; d) did not have a valid driver’s license; or e) did not have proof of insurance.
- If the blood alcohol content was 0.16 or greater, the offense is called aggravated DUI, even though it is a Class A misdemeanor. If this is the case, the minimum sentence is two days in jail and a fine of $1,250.
- Regardless of the blood alcohol content, if the defendant was driving a vehicle with a child passenger (i.e., someone younger than 16 years of age), then the offense is a Class 2 felony. A Class 2 felony has a sentencing range of 3-7 years in the Department of Corrections (prison). However, the defendant can receive probation. This Class 2 felony has a minimum fine of $2,500 and 25 days of community service in a program benefiting children. In addition, the defendant must do 10 days in jail or perform 480 hours of community service.
- Regardless of the blood alcohol content, if the defendant causes bodily harm to a child passenger (younger than 16 years old), the offense is a Class 2 felony with 3-7 years prison. The minimum fine in this instance is $5,000. Additionally, the defendant must perform 25 days of community service in a program benefiting children and spend 10 days jail or perform 480 hours of community service.
Update involving cannabis
In addition to the regulations above concerning alcohol, Illinois rolled out new considerations for driving after consuming cannabis in 2020. Although it is now legal to possess and use cannabis, it remains illegal to operate a vehicle while impaired by cannabis. If chemical test registers a certain level of cannabis concentration in the driver, it can qualify as a DUI in Illinois.
As you can see, the penalties for a second DUI charge are very severe. However, a good lawyer can help you reduce these minimum sentences through negotiation. Attorney representation can be very helpful in this context, as a second DUI offense is a serious matter that can result in a revoked driver’s license and even jail time.