Second DUI

While a DUI is a very serious criminal charge in Illinois, a second DUI is treated much more severely under the Illinois DUI laws. A second DUI carries mandatory penalties and substantial court costs and court fees, and may lead to the revocation of your driver's license. Revocation of your driver's license is much more serious than a suspension of your driver's license. A suspension of your driver's license has a definite cutoff date. If your driver's license is suspended, you will be unable to legally operate a motor vehicle until a certain date. If your driver's license is revoked, the revocation does not expire on a certain date. If your license is revoked it is taken away from you forever and the only way to get it back is to file a petition with the Illinois Secretary of State and have your license and your driving privileges restored.

Whether your first DUI was too long ago for your current DUI to be considered a second DUI, does not apply in Illinois. Unlike other states, Illinois does not have a look-back provision. An example of a look-back provision would be if your first DUI was in 1990 and your current DUI is in 2021. In a state that has a 10-year look-back period, since your first DUI was more than 10 years ago, your current DUI would not be considered a second DUI. Since Illinois has no look-back period, there is no time limit for your first DUI. A current DUI in Illinois would be considered your second DUI if you ever had a prior DUI in the past. A current DUI would be considered a second DUI even if you received Court Supervision for your first DUI. If you successfully complete Court Supervision, your guilty plea would not be considered a criminal conviction for purposes of your criminal record. When it comes to a second DUI, a prior sentence of Court Supervision would be considered a first DUI for purposes of determining whether you had a prior DUI.

A second DUI is a class A Misdemeanor. A Class A Misdemeanor carries a possible jail sentence of up to one year in County Jail and a maximum fine of $2,500. You can receive probation for a 2nd DUI class A Misdemeanor but certain mandatory punishments are required to be imposed. The mandatory provisions of a second DUI sentence are as follows:

• You will be sentenced to a minimum of 5 days in County Jail or required to perform 240 hours of community service.
• You will be required to pay an assessment fee of $1,000 which is in addition to a fine and court costs. The minimum fine for a second DUI is $1,250 and the maximum fine for a second DUI is $3,500. The court costs will vary from County to County.
• Your driver's license will be revoked for a minimum of 5 years.

A second DUI may be upgraded to a Class 4 Felony under certain circumstances. Your second DUI can be upgraded to a Class 4 Felony if the second DUI caused an accident which resulted in great bodily harm, disability or disfigurement to anyone. Your second DUI may become a Class 4 Felony if your driver's license was suspended or revoked as a result of a DUI. You may also be charged with a Class 4 Felony if you did not have a driver's license, proof of insurance, or had a prior Reckless Homicide.

If you had a passenger who was younger than 16 years of age at the time of your second DUI, you will be charged with a Class 2 Felony. A Class 2 Felony carries a possible prison sentence of between 3 to 7 years. If you are charged with a Class 2 Felony for a second DUI, you must serve at least 10 days in jail or perform 400 hours of community service, even if you are sentenced to Probation. You can also be charged with a Class 2 felony for your second DUI if you caused bodily injury to a child passenger who was younger than 16 years of age.

You cannot receive a sentence of Court Supervision for a second DUI. If you are found guilty of a second DUI, the sentence for the second DUI must be a conviction that will be on your criminal record permanently. If you apply for a job and are asked whether you have ever been convicted of a crime, you must answer yes. A routine background search will reveal a criminal conviction.

All DUI’s are reported to the Illinois Secretary of State and will appear on your driving record forever. There is no way to remove a DUI from your driving record in Illinois. Your insurance company will see a DUI on your driving record and a prospective employer will see a DUI if they check your driving record with the Illinois Secretary of State.

If your blood alcohol content (B.A.C.) was 0.16 or above when you were arrested for your second DUI, you will be charged with Aggravated DUI. Aggravated DUI is still a Class A Misdemeanor that carries a possible jail sentence of up to one year in County Jail. While probation is still possible for an Aggravated DUI, you must serve a minimum of two days in County Jail. The minimum jail sentence of two days for an Aggravated DUI cannot be replaced with community service. The two-day jail sentence for an Aggravated DUI is mandatory and cannot be waived or excused by the Judge or the prosecutor.

Since you cannot receive Court Supervision for a second DUI, a finding of guilty for a second DUI will result in a conviction which will lead to the revocation of your license. Revocation means that you will lose your license without any reinstatement date. The minimum period of revocation for a driver's license for a second DUI is 5 years. You may be able to petition the Illinois Secretary of State to get a restrictive permit to drive under limited circumstances during the revocation but you cannot even apply for such a permit for at least one-year after your second DUI.

However, recently the Illinois Legislature changed the law to make it easier to obtain a Restricted Driving Permit (RDP) to allow you to drive during the period of suspension for a Second DUI. This type of license is commonly known as the Illinois Hardship License. In order to be eligible for an Illinois Hardship License, you must apply for the RDP with the Illinois Secretary of State and demonstrate that granting you a license will not endanger the public safety and welfare and that you have an extreme hardship resulting from the loss of your right to drive in Illinois. The typical extreme hardship has to do with the loss of a job or work as a result of being unable to drive. If you are not eligible for an Illinois Hardship License (RDP) you may be eligible for a BAIID Required Permit. The BAIID Required Permit is limited to 5 days a week and 8 hours a day, and it's only limited to a 200 mile radius of your home. While this type of permit is extremely limited, it is easier to get than any other type of permit to allow you to drive during the period off suspension for a second DUI.

If you want to talk about whether you are eligible have your right to drive restored after a 2nd DUI, you can call Chicago DUI Attorney, James Dimeas, anytime for a free and confidential consultation by calling James Dimeas at 847-807-7405 for a free consultation.

Chicago DUI lawyer, James Dimeas, has been fighting DUI cases, and protecting Illinois motorists for over-29 years. James Dimeas understands the Illinois DUI laws and has developed the skills necessary to effectively fight and win DUI cases. James Dimeas understands the proper Police procedures for making a proper and legal DUI arrest and understands how to attack the steps taken by the Police to challenge a DUI stop and arrest. James Dimeas has the training to spot the mistakes made by the Police and to win DUI cases. James Dimeas has handled DUI cases throughout all of the courthouses in Chicago, Cook County, DuPage County, Kane County, and Lake County. James Dimeas understands the policies and procedures used by the various Police agencies and knows what to look for to win a DUI case. James Dimeas is a highly experienced DUI attorney who has spent decades fighting and winning DUI cases. James Dimeas knows how to win DUI cases!

James Dimeas is a nationally-recognized, award-winning, DUI lawyer. James Dimeas has been handling DUI cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County, for over-27 years. Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois,"and the "Top 10 DUI Defense Attorney" award. The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois." Recently, the American Society of Legal Advocates named James Dimeas a "Top 100 Criminal Defense Lawyer in the State of Illinois For the Year 2018, 2019, and 2020." James Dimeas was named a "Best DUI Attorney." Expertise named James Dimeas a "Best Criminal Defense Lawyer in Chicago." The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." The American Institute of Criminal Law Attorneys recognized James Dimeas as a "10 Best Attorney for Client Satisfaction." AVVO rates James Dimeas as "Superb," 10 out of 10, the highest rating possible for any DUI lawyer in the United States.

If you are being charged with a first-time DUI, or a second DUI, you can contact James Dimeas anytime for a free and confidential consultation. You can always talk to James Dimeas personally by calling 847-807-7405.