Orland Park Multiple DUI Attorney

DUI Defense Lawyer for Drunk Driving Arrests After a Previous DUI Conviction

A person who is arrested on suspicion of intoxicated driving and charged with DUI may face multiple types of penalties. While a first-time DUI arrest or conviction is serious enough, a second or subsequent DUI will be likely to lead to harsh penalties. Understanding the issues that can affect people in these situations and the potential options for defense is crucial. At Issa Law, LLC, our attorney provides strong representation for people who are facing multiple DUI charges. We understand the best strategies to use in these situations, and we will work to help defend against a DUI conviction and protect against penalties that may affect a person's life, finances, driving privileges, and freedom.

Increased Penalties for a Second DUI

When a person is charged with and convicted of a second DUI in the state of Illinois, they will face harsh consequences. A first-time DUI offender is eligible for court supervision. This type of outcome allows a person to avoid a formal criminal conviction and avoid the revocation of their driving privileges. The reason a person's driving privileges would not be revoked is because the Illinois Secretary of State only takes adverse actions against people's driving privileges upon convictions, and Court Supervision is not a conviction if it is successfully completed.

However, court supervision is reserved for those who have not been previously convicted of or granted court supervision for either reckless driving or DUI. Similar types of dispositions requiring a person to plead guilty will also prevent them from receiving court supervision for a subsequent offense. Similar offenses committed out of state will also disqualify a person from receiving court supervision. For instance, if a Wisconsin resident had a prior reckless driving offense in Wisconsin, they would not be eligible for court supervision in Illinois if they were charged with DUI. What this ultimately means is that a conviction would be entered against the person, and the Illinois Secretary of State would revoke their driving privileges.

Court supervision in Illinois for a DUI or reckless driving offense is a "once-in-a-lifetime" outcome. If a person has previously received court supervision for one of these offenses, they will be legally prevented from receiving the same result for any subsequent DUI or reckless driving charge. It does not matter if the first court supervision for either offense occurred five years ago or 50 years ago.

In addition to the lack of availability of court supervision for a second DUI, the law provides a mandatory minimum jail term of five days, which is not subject to any type of credit. However, the law also allows the courts to sentence someone to 240 hours of community service in lieu of the five-day jail term.

There can also be aggravating factors tied to the second DUI which can increase the penalties, based on the amount of alcohol in the person's blood, breath, or urine. If, during the course of a second DUI, a person's blood alcohol content was .16 (twice the legal limit) or higher, there is an additional two-day mandatory minimum jail term that will be imposed. This two-day mandatory minimum cannot be replaced with community service. This is in addition to the five days that can be imposed, so a second-time DUI offender could be required to serve one week in jail for the offense. On top of this, if a person's blood, breath, or urine registers at .16 or higher during a second DUI offense, a mandatory minimum fine of $1,250.00 will be assessed against them, in addition to any other court costs or fees.

Third or Subsequent DUI

If a person has two or more prior DUI convictions, they will face felony charges in any subsequent DUI cases. A third or fourth DUI will typically be charged as a Class 2 felony, and a person who is convicted could be sentenced to between three and seven years in prison. Additional DUI offenses will result in more serious felony charges. Felony convictions may also result in fines of up to $25,000. For a third DUI, a person will face a driver's license revocation for 10 years, and for any subsequent DUI convictions, their license will be revoked for the rest of their life.

Contact Our Orland Park Multiple DUI Lawyer

While those who have previously been convicted of DUI may think that a second DUI will result in a slap on the wrist, they may be unaware of the serious consequences that they may receive if they do not have adequate legal representation. These penalties include not only revocation of a driver's license, but also mandatory jail time and hefty fines. You need an experienced Will County DUI attorney who will fight for you and help you avoid the loss of your license or a sentence of time in jail. Contact our law office at 708-966-2408 for a consultation.