Fifth Offender: DUI Penalties
If you have committed a violation of DUI or a similar provision a fifth time, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 1 felony, although there is a greater likelihood that such a crime will be charged as a felony.
Cases such as these: 1) sometimes are charged by the police as a misdemeanor, 2) sometimes charged by the police as a felony after receiving approval from the prosecutor’s office, or 3) sometimes charged by the police as a misdemeanor, but later upgraded to a felony charge by the prosecutor’s office once the case arrives at court.
A Class A misdemeanor is an offense that is punishable by up to $2500 in court fines and up to 1 year in jail. Sentences may include supervision, probation or conditional discharge.
A Class 1 felony is an offense that is punishable by 4 to 15 years in the penitentiary. A sentence of probation or conditional discharge may not be imposed for a fifth violation.
These penalties are in addition to any other penalties that may be imposed by the court or administrative sanctions of the Secretary of State. Please make your next selection above to determine what other penalties may apply to your DUI case.