Search
Chicago's Nationally Recognized Civil Rights And Criminal Defense Law Firm

Dui Sentencing: Toughest In The Nation

Illinois law imposes some of the toughest DUI Sentencing in the United States and the sentencing gets tougher every year. And as the sentencing gets tougher, it gets more complicated. Recently, the Illinois legislature made it much easier for the Chicago Police to charge a DUI offender with felony DUI or Aggravated DUI. Your DUI arrest will qualify as a felony if 1) it is your 3rd offense, 2) you are driving on a suspended or revoked license or have no valid license, 3) you are driving without insurance, 4) the DUI results in bodily harm to a child under 16 years of age, 5) the DUI caused death or great bodily harm to someone (including your passenger), 6) the driver has prior reckless homicide or similar offense involving a death on an ATV, boat or snowmobile, 7) the DUI results in the injury to someone 16 or younger, 7) the DUI results in an accident with injuries in a school zone, 8) DUI while operating a school bus with children onboard

For a first offense, DUI is a Class A misdemeanor, which carries a potential penalty of supervision up to a year in jail and a fine of $0 to $2,500. There are mandatory fees and fines imposed by the legislature which include a DUI Tech fee of $750 and a Roadside Memorial Fund fee of $50. However, if you blood/alcohol is .16 or greater, there is a mandatory 100 hours of community service and a mandatory minimum fine of $500. If you have a passenger under 16 years old, you are subject to 6 months in jail or 25 days community service in a program that benefits children. There is a mandatory fine of $1000 to $2,500.

A 1st time DUI is a Class 4 felony (1 to 3 years in prison) if the DUI results in harm to somone under 16 years old. The fine can range from $2,500 to $25,000 plus 25 days of community service in a program benifitting children and (if given a senctence of probation) a mandatory minimum of 10 days in jail or 480 hours of community service.

A 1st time DUI is Class 4 felony (1 to 3 years in prison) if you don't have a valid driver's license or insurance. It is probationable up to 30 months with a mandatory 10 days in jail or 480 hours of community service.

A 1st time DUI is a Class 4 felony if you are driving a school bus with passengers who are under 18 years old.

A 1st time DUI is a Class 4 felony if you are driving in a school zone with a limit of 20 mph in effect and there is an accident with bodily harm. The harm does not have to be great bodily harm. It is probationable up to 30 months with a mandatory 10 days in jail or 480 hours of community service.

A 1st time DUI is a non-probationable Class 3 felony (2 to 5 years in prison) if the driver has a prior Reckless Homicide.

A 1st time DUI is an extendable Class 4 felony (1 to 12 years) if there is an accident which results in Great bodily harm, permanent disability or disfigurement. It is probationable up to 30 months with a mandatory 10 days in jail or 480 hours of community service and a minimum fine of $2,500.

A Second Offense is also a Class A misdemeanor however you are not eligable for Supervision. A finding of guilty on a second offense results in a mandatory conviction and the revocation of your driving privileges. The court can impose a fine of up to $2,500. The is a mandatory mimimum of 5 days in jail or 240 of community service and a $1,000 technology fee and $50 Roadside Memorial Fund fee.

A 2nd DUI is a Class 4 felony if you have a prior reckless homicide.

A 2nd DUI if your blood/alcohol content is greater than .16 requires 7 days in jail and a mandatory minimum fine of $1250.

A 2nd DUI is a Class 2 felony (3 to 7 years in prison) or probation up to 48 months and a minimum fine of $2,500 plus 25 days of community service in a program benefitting children and a mandatory 10 days in jail or 480 hours of community service if you have a passenger under 16 years old.

If the 2nd DUI results in bodily harm to a passenger under 16 years old it is a Class 2 felony (3 to 7 years in prison) or probation up to 48 months and a minimum $5,000 to $25,000 fine plus 25 days community service in a program bennefitting children and a mandatory minimum 10 days jail or 480 hours community service.

A 2nd DUI is an extendable Class 4 felony (1 to 12 years in prison) and a minimum fine of $5000 if an accident causes great bodily harm, disability or
disfigurement to any person. It carries a minimum fine of $5,000 plus 25 days community service in a program benefitting children. A sentence of probation requires a mandatory minimum 10 days jail or 480 hours community service.

A 2nd DUI while your license is suspended, revoked, or you have no insurance is a Class 4 felony (1-3 years) or Probation up to 30 months and a mandatory
minimum 10 days jail or 480 hours community service.

A 2nd DUI with a prior Reckless Homicide, or prior DUI resulting in death, is a non-probationable Class 3 felony (2 to 5 years in prison).
non-probationable 2-5 years

A 2nd DUI with an accident that results in great bodily harm is a Class 4 felony (1-3 years in prison) or probaton up to 30 months and a mandatory minimum 10 days jail or 480 hours community service. The minimum fine is $5,000.00.

A Third DUI Offense is a Class 2 felony (3-7 years in prison) or probation up to 48 months and a mandatory minimum 10 days jail or 480 hours community
service. There is a mandatory DUI Technology fee of $1,000.00 and a $50.00 Roadside Memorial Fund fee. Fines up to maximum of $25,000.00.

A 3rd DUI with a blood/alcohol of .16 or greater requires a mandatory 90 days jail and a Mandatory minimum fine of $2500.00

A 3rd DUI with a passenger less than 16 years old requires a mandatory minimum fine of $25,000.00 and Mandatory 25 days community service in a program benefitting children.

A 3rd DUI with great bodily harm, disability or disfigurement is an extendable Class 2 felony (1 to 12 years in prison) with 480 hours community service

A Fourth DUI Offense is a non-probationable Class 2 felony (3 to 7 years in prison) and a DUI Technology fee $1,000.00, a $50.00 Roadside Memorial Fund Fee and a Maximum fine of $25,000.00.. If your blood/alcohol content is .16 or greater, there is a mandatory minimum fine of $25,000.

A 4th DUI with a passenger less than 16 years old requires a minimum fine of $25,000 and a mandatory 25 days of community service in a program benefitting
children.

A 4th DUI resulting in great bodily harm, disability or disfigurement is an extendable Class 2 felony (1 to 12 years in prison) and 480 hrs. community service.

A Fifth DUI Offense is a non-probationalbe Class 1 Felony (4 to 15 years in prison) and a DUI Technology fee of $1,000 plus a$50 Roadside Memorial Fund Fee and a maximum fine of $25,000.

A 5th DUI where your blood alcohol is .16 or greater requires a mandatory Minimum fine is $5,000.

A 5th DUI where you have a passenger less than 16 years old requires a minimum fine of $25,000 and a mandatory 25 days of community service in a program benefitting children.

A 5th DUI resulting in great bodily harm, disability or disfigurement is an extendable Class 2 felony (1 to 12 years in prison) with 480 hours of community service.

A Sixth DUI Offense is a non-probationalble Class X Felony (6 to 30 years in prison) and a DUI Technology fee of $1,000 plus a $50 Roadside Memorial Fund Fee and a Maximum fine of $25,000

A 6th DUI with a blood/alcohol content of greater than .16 requires a mandatory minimum fine of $5,000.

A 6th DUI with a passenger less than 16 years old requres a minimum fine $25,000 and a Mandatory 25 days of community service in a program benefitting children.

A 6th DUI that results in great bodily harm, disability or disfigurement is a Class 2 felony, from 480 hrs. community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement)

A DUI Resulting in Death is an extendable Class 2 felony with 3-14 years in prison for one death and 6 to 28 years in prison for 2 or more deaths. Probation is only available where the Judge finds extraordinary circumstances.

DUI laws in Illinois are complicated and tough. You need an experienced, aggressive Chicago DUI attorney to fight for your freedom. Erickson & Oppenheimer, Ltd. have been achieving not-guilties for over 20 years. 

No Comments

Leave a comment
Comment Information

Awards & Recognition

More More

Don’t risk your rights by waiting to contact an attorney. Contact us right now

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Erickson & Oppenheimer, Ltd.
223 West Jackson Blvd, Suite 200
Chicago, IL 60606

Toll Free: 877-505-1924
Chicago Law Office Map

Review Us