A second DUI offense, especially if you are currently dealing with penalties from your first DUI, can be particularly difficult.
In these situations, Illinois courts are more likely to impose strict penalties since the defendant has shown he/she did not learn from the first offense. That’s why it’s vital to have tough legal representation to protect yourself.
First DUI Offense
Though for a typical first DUI offense, you are unlikely to face jail or a permanent loss of privileges, even a first DUI offense in Illinois can have serious consequences. A first offense may result in a driver's license suspension for up to one year, and the charge is a Class A misdemeanor that may sometimes include up to one year of jail time and a fine of up to $2,500.
Second and Subsequent DUI Offenses
In Illinois, a first offense remains on your record for reference permanently and impacts any future charges against you. Many first offenders receive court supervision, which is a sentence that is not a conviction and does not revoke driving privileges. It allows the driver to quickly regain driving privileges if he/she follows all of the court’s orders. But an order of supervision is available only once in a lifetime, so second offenses are punished more harshly. Depending on the circumstances, subsequent DUI offenses may result in:
- Up to 3 years of license suspension
- Alcohol/drug counseling
- Victim Impact Panel
- Up to 1 year in jail or in the case of a felony DUI, many years in the penitentiary
- Community service
- Up to a $2,500 fine.
- Revocation of privileges or even a life-time ban on driving
Double DUI Impact on Defense
If you are still working on community service or court-mandated alcohol/drug counseling and you are arrested again for a DUI, the chances are that the court will be less than lenient. A woman was recently pulled over for driving at excessive speeds and found to be under the influence of both drugs and alcohol. At the time she was pulled over, she was on her way to court-mandated counseling for substance abuse due to a previous DUI.
In such a situation, the court may impose a more severe penalty. When courts are lenient, it is typically because they believe you are sincerely sorry for violating the law and won’t do so again, but repeat offenses are often met with far less patience. After any DUI arrest, call us at Mitchell S. Sexner & Associates LLC at (312) 644-0444. We provide aggressive representation and will do our best to protect your future, whether it’s your first, second, or third offense.