No two cases are alike. In our experience, similar cases often have very different results and are often based upon unique case circumstances as well as the particular county, judge, prosecutor and defense attorney involved. These materials are presented by the law offices of Mitchell S. Sexner & Associates LLC based upon our attorneys’ interpretation of presently existing statutes at the time this calculator was created. As laws are constantly changing, we therefore cannot guarantee that this information is correct or up to date. This free calculator is solely intended for informational purposes and use of the material is at the users own risk. Consult a qualified attorney for specific advice about your specific case.
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(link: '<img src="https://sexner.com/wp-content/uploads/2019/05/Start-button.jpg">')[(goto:"b")]<h2>Have You Been Charged With A DUI?</h2>
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Our Illinois <a href="https://sexner.com/dui/">DUI</a> statute can be found in 625 ILCS 5/11-501 and states in part:
Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
<ul>
<li>A person shall not drive or be in actual physical control of any vehicle within this State while:
<ol>
<li>the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;</li>
<li>under the influence of alcohol;</li>
<li>under the influence of any intoxicating compoundor combination of intoxicating compounds to a degree that renders the person incapable of driving safely;</li>
<li>under the influence of any other drug orcombination of drugs to a degree that renders the person incapable of safely driving;</li>
<li>under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or</li>
<li>there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.</li>
</ol>
</li>
<li>The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.</li>
</ul>
<h2>Did Your DUI Occur In Illinois?</h2>
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The Chicago criminal defense attorneys of Mitchell S. Sexner & Associates LLC are licensed to handle <a href="https://sexner.com/dui/">DUI cases</a> across the State of Illinois, including the counties of Cook, DuPage, Will, Lake, Kendall, McHenry, DeKalb, Kane and others.
<h2>Congratulations!</h2>
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Congratulations! We’re glad to hear that you have never been charged with a DUI! Hopefully you’ll never need our experienced legal assistance.
If you made a mistake and were actually charged with a DUI, just select the blue button above and start again.
<h2>Did You Provide Your Breath, Blood Or Urine To The Officer For Testing?</h2>
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Information about chemical testing can be found at 625 ILCS 5/11-501.2
<ul>
<li>Upon the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in Section 11-501 or a similar local ordinance or proceedings pursuant to Section 2-118.1, evidence of the concentration of <a href="https://sexner.com/dui/alcohol-evaluation/">alcohol</a>, other drug or <a href="https://sexner.com/drug-crimes/">drugs</a>, or intoxicating compound or compounds, or any combination thereof in a person’s blood or breath at the time alleged, as determined by analysis of the person’s blood, urine, breath or other bodily substance, shall be admissible. Where such test is made the following provisions shall apply:
<ol>
<li>Chemical analyses of the person’s blood, urine, breath or other bodily substance to be considered valid under the provisions of this Section shall have been performed according to standards promulgated by the Department of State Police by a licensed physician, registered nurse, trained phlebotomist, certified paramedic, or other individual possessing a valid permit issued by that Department for this purpose. The Director of State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, to issue permits which shall be subject to termination or revocation at the discretion of that Department and to certify the accuracy of breath testing equipment. The Department of State Police shall prescribe regulations as necessary to implement this Section.</li>
<li>When a person in this State shall submit to a blood test at the request of a law enforcement officer under the provisions of Section 11-501.1, only a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, trained phlebotomist, or certified paramedic, or other qualified person approved by the Department of State Police may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath or urine specimens. When a blood test of a person who has been taken to an adjoining state for medical treatment is requested by an Illinois law enforcement officer, the blood may be withdrawn only by a physician authorized to practice medicine in the adjoining state, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist acting under the direction of the physician, or certified paramedic. The law enforcement officer requesting the test shall take custody of the blood sample, and the blood sample shall be analyzed by a laboratory certified by the Department of State Police for that purpose.</li>
<li>The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of their own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.</li>
<li>Upon the request of the person who shall submit toa chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or such person’s attorney.</li>
<li>Alcohol concentration shall mean either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.</li><h2>Did Your DUI Occur Outside Of Illinois?</h2>
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This DUI sentencing calculator provides information related to Illinois DUI cases only. Even if you’re an Illinois resident, if you have been charged with a DUI, DWI or OUI in another state, contact a qualified lawyer that is licensed to practice law in that state. Drunk driving cases vary widely from state to state with different penalties, fines and consequences. On DUI cases, hiring a lawyer from the same state that you received your ticket in is the very best advice that we can give you at Mitchell S. Sexner & Associates LLC. This will give you the best opportunity for success.<h2>Did The Testing Show A Blood Alcohol Concentration (BAC) Of Over .16?</h2>
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Information about presumptions of intoxication can be found at 625 ILCS 5/11-501.2
<ul>
<li>Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person’s blood or breath at the time alleged as shown by analysis of the person’s blood, urine, breath, or other bodily substance shall give rise to the following presumptions:
<ol>
<li>If there was at that time an alcohol concentration of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.</li>
<li>If there was at that time an alcohol concentration in excess of 0.05 but less than 0.08, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.</li>
<li>If there was at that time an alcohol concentration of 0.08 or more, it shall be presumed that the person was under <a href="/dui/alcohol-evaluation/">the influence of alcohol</a>.</li>
<li>The foregoing provisions of this Section shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.</li>
</ol>
</li>
</ul><h2>Were You Transporting A Child Under The Age Of 16 At The Time Of The DUI Violation?</h2>
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If at the time that you were <a href="https://sexner.com/dui/">charged with a DUI</a>, one or more children under the age of 16 were present in the vehicle, regardless of whether an accident or injury occurred, then answer “YES” to this question. If no children under the age of 16 were present, then answer “NO”.<h2>Have You Been Found Guilty Of A DUI In The Past?</h2>
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If you have ever been charged with a DUI and then you were later found guilty, either after a trial, after a stipulation or after a plea of guilty to that charge, then select “YES”. Whether you received supervision, probation or conditional discharge on the charge, the answer would still be “YES”. It does not matter how long ago the prior charge occurred.<h2>Have You Been Found Guilty Of A DUI In The Past?</h2>
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If you have ever been <a href="https://sexner.com/dui/">charged with a DUI</a> and then you were later found guilty, either after a trial, after a stipulation or after a plea of guilty to that charge, then select “YES”. Whether you received supervision, probation or conditional discharge on the charge, the answer would still be “YES”. It does not matter how long ago the prior charge occurred.<h2>Were You Driving A School Bus With Persons Under The Age Of 18 On Board?</h2>
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If at the time of <a href="https://sexner.com/dui/">the DUI offense</a> you were driving a school bus with persons 18 years of age or younger on board, then select “YES”. Otherwise, select “NO”.<h2>Have You Been Found Guilty Of More Than One DUI In The Past?</h2>
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If you have ever been <a href="https://sexner.com/dui/">charged with DUI</a> and then you were later found guilty, either after a trial, after a stipulation or after a plea of guilty to that charge, then select “YES”. Whether you received supervision, probation or conditional discharge on the charge, the answer would still be “YES”. It does not matter how long ago the prior charge occurred.<h2>1st Offender: Penalties For BAC Over .16</h2>
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If this is your first offense for DUI and your breath and your blood or urine results disclosed a Blood Alcohol Content (BAC) over .16, then you are subject to a mandatory minimum of 100 hours community service and a mandatory minimum fine of $500.
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 additional penalties may apply to your DUI case.<h2>Have You Been Found Guilty Of More Than Two DUI's In The Past?</h2>
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If you have been charged with more than two <a href="https://sexner.com/dui/">DUIs</a> in the past and as a result you were later found guilty of more than two such DUI charges , either after a trial, after a stipulation or after a plea of guilty to that charge, then select “YES”. Whether you received supervision, probation or conditional discharge on the charges, the answer would still be “YES”. It does not matter how long ago the prior charges occurred. If you were found guilty of only one DUI charge in the past, then select “NO”.<h2>2nd Offender: Penalties For BAC Over .16</h2>
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If at the time of the <a href="https://sexner.com/dui/">DUI</a> offense you were driving a school bus with persons 18 years of age or younger on board, then select “YES”. Otherwise, select “NO”.<h2>4th Offender or Greater: Penalties For BAC Over .16</h2>
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If this is your fourth offense for <a href="https://sexner.com/dui/">DUI</a> and your <a href="https://sexner.com/dui/breath-test/">breath</a>, blood or urine results disclosed a Blood Alcohol Content (BAC) over .16, then you are subject to a mandatory minimum fine of $5,000.
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.<h2>3rd Offender: Penalties For BAC Over .16</h2>
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If this is your third offense for <a href="https://sexner.com/dui/">DUI</a> and your <a href="https://sexner.com/dui/breath-test/">breath</a>, blood or urine results disclosed a Blood Alcohol Content (BAC) over .16, then you are subject to a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2500.
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.<h2>2nd Offender or Greater: Penalties For Transporting Child Under The Age Of 16</h2>
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If one or more children under the age of 16 were present in the vehicle, then you are subject to an additional mandatory minimum fine of $2500 and 25 days of community service in a program benefiting children. This type of traffic offense may be charged as either a Class A misdemeanor or a Class 2 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 2 felony is an offense that is punishable by 3 to 7 years in the penitentiary but may be probationable. A sentence of supervision is not available on felony cases.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
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.<h2>1st Offender: Penalties For Transporting Child Under The Age Of 16</h2>
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If this is your first offense for <a href="https://sexner.com/dui/">DUI</a> and at the time that you were charged, one or more children under the age of 16 were present in the vehicle, then you are subject to 6 months of imprisonment, an additional mandatory minimum fine of $1000 and 25 days of community service in a program benefiting children.
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.<h2>Penalties For Transporting Persons Under The Age Of 18 On Board A School Bus</h2>
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If at the time of <a href="https://sexner.com/dui/">the DUI offense</a> you were driving a school bus with persons 18 years of age or younger on board, then this type of <a href="https://sexner.com/traffic-violations/">traffic offense</a> may be charged as either a Class A misdemeanor or a Class 4 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 4 felony is an offense that is punishable by 1 to 3 years in the penitentiary but may be probationable. A sentence of supervision is not available on felony cases.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
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.
<h2>Did An Accident Occur During This DUI That Resulted In Great Bodily Harm To Another?</h2>
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If at the time of the DUI offense you were involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the DUI violation was a proximate cause of the injuries, then select “YES”. Otherwise, select “NO”.<h2>2nd Offender: At The Time Of This DUI Violation Was A Child Injured?</h2>
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If at the time of <a href="https://sexner.com/dui/">the DUI offense</a>, 1) you were transporting a child under the age of 16 years old, 2) a motor vehicle accident occurred, 3) as a result of the accident the child suffered bodily harm (but not “great” bodily harm), and 4) the DUI violation was a proximate cause of the injury to the child, then select “YES”. Otherwise, select “NO”.<h2>2nd Offender: Penalties For Injured Child</h2>
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If this is your second or greater offense for <a href="https://sexner.com/dui/">DUI</a> and If you were involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm to the child under the age of 16 being transported by you and the DUI violation was a proximate cause of the injury, then you are subject to a mandatory fine of $5000 and 25 days of community service in a program benefiting children.
This type of traffic offense may be charged as either a Class A misdemeanor or a Class 2 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 2 felony is an offense that is punishable by 3 to 7 years in the penitentiary but may be probationable. A sentence of supervision is not available on felony cases.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
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.<h2>1st Offender: At The Time Of This DUI Violation Was A Child Injured?</h2>
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If at the time of <a href="https://sexner.com/dui/">the DUI offense</a>, 1) you were transporting a child under the age of 16 years old, 2) a motor vehicle accident occurred, 3) as a result of the accident the child suffered bodily harm (but not “great” bodily harm), and 4) the DUI violation was a proximate cause of the injury to the child, then select “YES”. Otherwise, select “NO”.<h2>1st Offender: Penalties For Injured Child</h2>
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If this is your first offense for <a href="https://sexner.com/dui/">DUI</a> if you were involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm to the child under the age of 16 being transported by you and the DUI violation was a proximate cause of the injury, then you are subject to 6 months of imprisonment , a mandatory fine of $1000 and 25 days of community service in a program benefiting children.
This type of <a href="https//sexner.com/traffic-violations/">traffic offense</a> may be charged as either a Class A misdemeanor or a Class 4 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 4 felony is an offense that is punishable by 1 to 3 years in the penitentiary but may be probationable. A sentence of supervision is not available on felony cases.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
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.<h2>Penalties For Great Bodily Harm Caused To Another During A DUI Accident</h2>
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f at the time of the DUI offense you were involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the DUI violation was a proximate cause of the injuries, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 4 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 4 felony is an offense that is usually punishable by 1 to 3 years in the penitentiary and may be probationable, but if you are sentenced to a term of imprisonment under this section, then the statute requires that you shall be sentenced to not less than one year nor more than twelve years of imprisonment.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
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.<h2>Were You Convicted Of An Offense That Resulted In Great Bodily Injury Or The Death Of Another In The Past?</h2>
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If you have previously been convicted of 1) violating section 9-3 of the Criminal Code of 1963 (which relates to Involuntary Manslaughter and Reckless Homicide), 2) a similar provision of a law of another state relating to reckless homicide in which you were determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or 3) if you have been previously convicted of an Illinois DUI that involved an accident resulting in great bodily harm or permanent disability or disfigurement to another when the DUI violation was the proximate cause of the injuries, or 4) if you have been previously convicted of an Illinois DUI that involved an accident involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft that resulted in the death of another person when the DUI violation was the proximate cause of the death, then select “YES”. Otherwise, select “NO”.<h2>Penalties If Convicted Of An Offense That Resulted In Great Bodily Injury Or The Death Of Another In The Past</h2>
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If at the time of the DUI offense you have previously been convicted of 1) violating section 9-3 of the Criminal Code of 1963 (which relates to Involuntary Manslaughter and Reckless Homicide), 2) a similar provision of a law of another state relating to reckless homicide in which you were determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or 3) if you have been previously convicted of an Illinois DUI that involved an accident resulting in great bodily harm or permanent disability or disfigurement to another when the DUI violation was the proximate cause of the injuries, or 4) if you have been previously convicted of an Illinois DUI that involved an accident involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft that resulted in the death of another person when the DUI violation was the proximate cause of the death, then, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 3 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.
This particular Class 3 felony is an offense that is punishable by up to 12 years in the penitentiary for which a sentence of probation or conditional discharge may not be imposed.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
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.<h2>Was There An Accident In A 20 Mph School Speed Zone That Caused Bodily Harm To Another?</h2>
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If at the time of the DUI offense you were 1) involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm or permanent disability or disfigurement to another, when the DUI violation was a proximate cause of the injuries, and 2) the accident occurred while driving at any speed in a school speed zone at a time when the speed limit of 20 miles per hour was in effect under Section 11-605(a)of the Illinois Vehicle Code, then select “YES”. Otherwise, select “NO”.<h2>Penalties If Accident In A 20 Mph School Speed Zone That Caused Bodily Harm To Another</h2>
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If at the time of the DUI offense you were 1) involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm or permanent disability or disfigurement to another, when the DUI violation was a proximate cause of the injuries, and 2) the accident occurred while driving at any speed in a school speed zone at a time when the speed limit of 20 miles per hour was in effect under Section 11-605(a) of the Illinois Vehicle Code, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 4 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 4 felony is an offense that is punishable by 1 to 3 years in the penitentiary but may be probationable. A sentence of supervision is not available on felony cases.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
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.<h2>Was There An Accident That Resulted In The Death Of Another?</h2>
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If at the time of the DUI offense you were involved in a motor vehicle, snowmobile, all-terrain vehicle or watercraft accident that resulted in the death of another when the DUI violation was a proximate cause of the death, then select “YES”. Otherwise, select “NO”.<h2>Penalties If A DUI Accident Resulted In The Death Of Another</h2>
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If at the time of the DUI offense you were involved in a motor vehicle, snowmobile, all-terrain vehicle or watercraft accident that resulted in the death of another when the DUI violation was a proximate cause of the death, then this type of offense may be charged as either a Class A misdemeanor or a Class 2 felony for which unless the court determines that extraordinary circumstances exist shall require a sentence of 1) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or 2) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.
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.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
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.<h2>At The Time That You Received The DUI, Were You Suspended, Revoked Or Otherwise Ineligible To Drive?</h2>
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If at the time of the <a href="https://sexner.com/dui/">DUI offense</a> you did not possess a driver’s license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit, then select “YES”. Otherwise, select “NO”.<h2>Penalties If DUI While Ineligible To Drive</h2>
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If at the time of the DUI offense you did not possess a driver’s license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 4 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 4 felony is an offense that is punishable by 1 to 3 years in the penitentiary but may be probationable. A sentence of supervision is not available on felony cases.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
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.<h2>At The Time That You Received The DUI, Was The Vehicle Covered By An Insurance Policy?</h2>
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If at the time of the DUI offense you knew or should have known that the vehicle you were driving was not covered by a liability insurance policy, then select “YES”. Otherwise, select “NO”.<h2>Have you been found guilty of a DUI in the past?</h2>
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At the time of the DUI offense had you 1) been previously convicted for a violation of Section 11-501 (DUI) of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, or 2) been previously assigned supervision for a violation of Section 11-501 (DUI) of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, If so, then select “YES”. If you received supervision, probation or conditional discharge on the charge, the answer would still be “YES”. It does not matter how long ago the prior charge occurred. Otherwise, select “NO”.<h2>Penalties Of DUI While The Vehicle Was Not Insured</h2>
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If at the time of the DUI offense you knew or should have known that the vehicle you were driving was not covered by a liability insurance policy, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 4 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 4 felony is an offense that is punishable by 1 to 3 years in the penitentiary but may be probationable. A sentence of supervision is not available on felony cases.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge. 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.<h2>Have You Been Found Guilty Of More Than One DUI Charge In The Past?</h2>
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If you have been charged with more than one DUI in the past and as a result you were later found guilty of more than one such DUI charge , either after a trial, after a stipulation or after a plea of guilty to that charge, then select “YES”. Whether you received supervision, probation or conditional discharge on the charges, the answer would still be “YES”. It does not matter how long ago the prior charges occurred. If you were found guilty of only one DUI charges in the past, then select “NO”.<h2>Have You Been Found Guilty Of A Reckless Driving Charge In The Past?</h2>
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At the time of the DUI offense had you previously pleaded guilty to or stipulated to the facts supporting a charge or a finding of guilty to a violation of Section 11-503 (Reckless Driving) of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement? If so, then select “YES”. If you received supervision, probation or conditional discharge on the charge, the answer would still be “YES”. It does not matter how long ago the prior charge occurred. Otherwise, select “NO”.<h2>Have You Been Found Guilty Of More Than Two DUI Charges In The Past?</h2>
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If you have been charged with more than two DUIs in the past and as a result you were later found guilty of more than two such <a href="https://sexner.com/dui/">DUI charges</a>, either after a trial, after a stipulation or after a plea of guilty to that charge, then select “YES”. Whether you received supervision, probation or conditional discharge on the charges, the answer would still be “YES”. It does not matter how long ago the prior charges occurred. If you were found guilty of only one DUI charge in the past, then select “NO”.<h2>Second Offender: DUI Penalties</h2>
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Unless the circumstances of your DUI case allow for enhanced penalties or for a felony upgrade (as may have been shown on a previous screen), then your DUI is most likely a Class A misdemeanor.
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.
However, if at the time of the DUI offense you 1) had been charged with a DUI in the past and as a result you were later found guilty of more than one such DUI charge , either after a trial, after a stipulation or after a plea of guilty to that charge, and/or if you 2) had previously pleaded guilty to or stipulated to the facts supporting a charge or a finding of guilty to a violation of Section 11-503 (Reckless Driving) of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement, then you are not eligible for a sentence of supervision.
If you have committed a violation of DUI or a similar provision a second time, then the law also requires you to be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service.
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.<h2>First Offender: DUI Penalties</h2>
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Unless the circumstances of your DUI case allow for enhanced penalties or for a felony upgrade (as may have been shown on a previous screen), then your DUI is most likely a Class A misdemeanor.
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.
However, if at the time of the DUI offense you had previously pleaded guilty to or stipulated to the facts supporting a charge or a finding of guilty to a violation of Section 11-503 (Reckless Driving) of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement, then you are not eligible for a sentence of supervision.
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.<h2>Additional Administrative Sanctions</h2>
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Our Illinois Additional administrative sanctions statute can be found in 625 ILCS 5/11-501.01 and states:
<ul>
<li>After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an <a href="https://sexner/dui/alcohol-evaluation/">alcohol</a>, <a href="https://sexner.com/drug-crimes/">drug</a>, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate. Programs conducting these evaluations shall be licensed by the Department of Human Services. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation.</li>
<li>Any person who is found guilty of or pleads guilty to violating Section 11-501, including any person receiving a disposition of court supervision for violating that Section, may be required by the Court to attend a victim impact panel offered by, or under contract with, a county State’s Attorney’s office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists. All costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court.</li>
<li>Every person found guilty of violating Section 11-501, whose operation of a motor vehicle while in violation of that Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided in subsection (i) of this Section.</li>
<li>The Secretary of State shall revoke the driving privileges of any person convicted under Section 11-501 or a similar provision of a local ordinance.</li>
<li>The Secretary of State shall require the use of ignition interlock devices on all vehicles owned by a person who has been convicted of a second or subsequent offense of Section 11-501 or a similar provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and regulation the procedures for certification and use of the interlock system, the amount of the fee, and the procedures, terms, and conditions relating to these fees.</li>
<li>In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating Section 11-501, including any person placed on court supervision for violating Section 11-501, shall be assessed $750, payable to the circuit clerk, who shall distribute the money as follows: $350 to the law enforcement agency that made the arrest, and $400 shall be forwarded to the State Treasurer for deposit into the General Revenue Fund. If the person has been previously convicted of violating Section 11-501 or a similar provision of a local ordinance, the fine shall be $1,000, and the circuit clerk shall distribute $200 to the law enforcement agency that made the arrest and $800 to the State Treasurer for deposit into the General Revenue Fund. In the event that more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be shared equally. Any moneys received by a law enforcement agency under this subsection (f) shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State. This shall include, but is not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath testers. Any moneys received by the Department of State Police under this subsection (f) shall be deposited into the State Police DUI Fund and shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State.</li>
<li>The Secretary of State Police <a href="https://sexner.com/dui/">DUI</a> Fund is created as a special fund in the State treasury. All moneys received by the Secretary of State Police under subsection (f) of this Section shall be deposited into the Secretary of State Police DUI Fund and, subject to appropriation, shall be used to purchase law enforcement equipment to assist in the prevention of alcohol related criminal violence throughout the State.</li>
<li>Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual’s state of residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards.</li>
<li>In addition to any other fine or penalty required by law, an individual convicted of a violation of Section 11-501, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of Section 11-501, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response. The restitution may not exceed $1,000 per public agency for each emergency response. As used in this subsection (i), “emergency response” means any incident requiring a response by a police officer, a firefighter carried on the rolls of a regularly constituted fire department, or an ambulance. With respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the State Police within one month after receipt for deposit into the State Police DUI Fund. With respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund.</li>
</ul><h2>Have You Been Found Guilty Of More Than Three DUI Charges In The Past?</h2>
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If you have been charged with more than three DUIs in the past and as a result you were later found guilty of more than three such DUI charges , either after a trial, after a stipulation or after a plea of guilty to that charge, then select “YES”. Whether you received supervision, probation or conditional discharge on the charges, the answer would still be “YES”. It does not matter how long ago the prior charges occurred. If you were found guilty of only one DUI charge in the past, then select “NO”.<h2>Third Offender: DUI Penalties</h2>
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If you have committed a violation of DUI or a similar provision a third time, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 2 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 2 felony is an offense that is punishable by 3 to 7 years in the penitentiary but may be probationable. A sentence of supervision is not available on felony cases.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge. 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.<h2>Have You Been Found Guilty Of More Than Four DUI Charges In The Past?</h2>
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If you have been charged with more than four DUIs in the past and as a result you were later found guilty of more than four such DUI charges , either after a trial, after a stipulation or after a plea of guilty to that charge, then select “YES”. Whether you received supervision, probation or conditional discharge on the charges, the answer would still be “YES”. It does not matter how long ago the prior charges occurred. If you were found guilty of only one DUI charge in the past, then select “NO”.<h2>Fourth Offender: DUI Penalties</h2>
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If you have committed a violation of DUI or a similar provision a fourth time, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class 2 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 2 felony is an offense that is punishable by 3 to 7 years in the penitentiary. A sentence of probation or conditional discharge may not be imposed for a fourth 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.<h2>Sixth or Greater Offender DUI Penalties</h2>
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If you have committed a violation of <a href="https://sexner.com/dui/">DUI</a> or a similar provision a sixth or greater time, then this type of traffic offense may be charged as either a Class A misdemeanor or a Class X 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 X felony is an offense that is punishable by 6 to 30 years in the penitentiary. A sentence of probation or conditional discharge may not be imposed for a sixth or greater 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.<h2>Fifth Offender: DUI Penalties</h2>
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If you have committed a violation of <a href="https://sexner.com/dui/">DUI</a> 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.<script>
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