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DUI Sentencing Laws in Illinois

First Time Offenders and Court Supervision:

In Illinois, generally speaking, first time DUI offenders are eligible for a sentence of Court Supervision.  If the sentence of Court Supervision is terminated successfully, it will not constitute a conviction on your driving record.

In order to be considered a first time offender, you must not have any prior DUIs on your record or have a Statutory Summary Suspension of your driving privileges within the last 5 years.
Additionally, you are no longer eligible for a sentence of Supervision on a first time DUI if you have already been sentenced to Supervision on two petty traffic offenses, even if the two petty moving violations were received in the same traffic stop.

Commercial Driver's License:

If you carry a commercial driver's license, any sentence you receive as a first time DUI offender, including a sentence of Supervision, will constitute a conviction on your driving record.

Effect on Driving Privileges:

As of January 1, 2009, a first time offender who submits to a chemical test , either a breathalyzer or a blood test, which results in an alcohol concentration of .08 or greater shall have his driving privileges suspended for 6 months.  In addition, any person who submits to a urine or blood test which reveals any amount of illicit drug in your system shall have his driving privileges suspended for 6 months.  All others who submit to a chemical test which results in an alcohol concentration of .08 or greater or the presence of illicit drugs shall have his driving privileges suspended for 1 year.

Any first time offender who refuses to submit to a chemical test shall have his driving privileges suspended for 12 months. Any person other than a first time offender who refuses to submit to a chemical test shall have his driving privileges suspended for 3 years.

Secondly, any individual convicted of DUI shall have their driving privileges revoked. Thirdly, any individual who has been convicted of 2+ DUIs shall be required to have an ignition interlock device on all vehicles owned by or registered to the individual.

Driving During the Suspension:

Judicial Driving Permits are no longer used in Illinois.  Rather, only option is a Monitoring Device Driving Permit (MDDP), which the defendant is not eligible for until after the 31st day of the Summary Suspension.
The MDDPs for Illinois will require a BAIID to be installed in the suspended driver’s vehicle.  A BAIID device is similar to a breathalyzer in that you must blow into the BAIID Device so that your alcohol concentration level may be determined before your car will start.  All costs affiliated with the installation and use of the device is the responsibility of the driver.

CAUTION: If you are caught driving a vehicle without the MDDP, it will constitute a Class 4 Felony, punishable by 1 - 3 years imprisonment.

If issued a citation for any traffic offense while driving with an MDDP, the Court who granted the MDDP, after a hearing, shall determine if the violation constitutes grounds for cancelling the MDDP.

Any violation of the requirements for using the MDDP which occur during the period of Summary Suspension shall result in a 3 month extension of the Summary Suspension. If the Summary Suspension is extended 3 times, the vehicle will be impounded for 30 days.

Driving Under the Influence with Passengers Under the Age of 16:

If you receive a citation for Diving Under the Influence while you have passengers under the age of 16 in the car, you will likely also be charged with Child Endangerment.  Also, it may lead to a DCFS investigation and may result in the removal of the children from your care, custody, and control.

Additionally, any person who was Driving Under the Influence with passengers under the age of 16 in the vehicle is facing a sentence of a mandatory minimum of 6 months imprisonment, a $1,000.00 fine, and 25 days of community service.

Aggravated Driving Under the Influence:

An Aggravated DUI is a Class 4 Felony, punishable by 1 - 3 years imprisonment.  A DUI may be charged as an Aggravated DUI for any of the following reasons:

  1. It is a third or greater violation of Driving Under the Influence;

  2. The DUI was committed while driving a school bus with passengers age 18 or younger;

  3. While committing the DUI, there was a motor vehicle accident resulting in great bodily harm or permanent disability or disfigurement to another, and the DUI was the proximate cause of the injury;

  4. It is a second violation of Driving Under the Influence, and there is a previous conviction for Reckless Homicide relating to being under the influence of drugs or alcohol;

  5. While driving any speed in a school zone, the DUI was committed and there was an accident with a motor vehicle that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, and the DUI was the proximate cause of the injury;

  6. While committing the DUI, there was a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident resulting in the death of another person, and the DUI was the proximate cause of the death;

  7. The DUI was committed while the Defendant's driver's license was suspended or revoked because of a previous DUI, a motor vehicle accident causing death or injury, or Reckless Homicide;

  8. The DUI was committed and the Defendant did not possess a driver's license, permit, restricted driving permit, or judicial driving permit;

  9. The DUI was committed and the vehicle was not insured;

  10. While committing the DUI, there is a motor vehicle accident which results in bodily harm to a passenger of the vehicle who is under the age of 16;

  11. It is a second violation of Driving Under the Influence, and the Defendant is transporting a person under the age of 16;

Mandatory Sentences:

CAUTION: If you receive a mandatory jail sentence for a DUI, it is not eligible for good time or day-for-day credit, nor does the Court have the authority to suspend or reduce the sentence. All mandatory jail sentences will be served out in their entirety.

A first conviction for DUI constitutes a Class A Misdemeanor, punishable by up to 364 days in jail. A first time offender whose alcohol concentration level is .16 or greater (two times the legal limit), is facing a mandatory minimum of 100 hours of community service plus a mandatory minimum fine of $500.00.

A second conviction for DUI constitutes a Class A Misdemeanor and carries a minimum term of either 5 days imprisonment or 240 hours of community service, plus a mandatory minimum fine of $1,000. If your second offense and your alcohol concentration level is .16 or greater (two times the legal limit), the sentence is a mandatory minimum of 2 days imprisonment and a mandatory minimum fine of $1,250.00.

A third or subsequent conviction for DUI elevates the offense to Aggravated DUI and constitutes a Class 4 Felony, punishable by 1 - 3 years imprisonment plus a mandatory minimum fine of $1,000.00.

A third conviction for Aggravated DUI constitutes a Class 2 Felony, punishable by 3 - 7 years imprisonment. If your third offense for Aggravated DUI and your alcohol concentration level is .16 or greater (two times the legal limit), the sentence is a mandatory minimum 90 days imprisonment and a mandatory minimum fin of $2,500.00. If it is your third offense for Aggravated DUI and you have a passenger under the age of 16, there is a mandatory fine of $25,000.00 and a mandatory 25 days community service.

Any sentence of Probation or Conditional Discharge for an Aggravated DUI also carries a minimum of 480 hours of community service or 10 days imprisonment.

Defending a DUI:

The experienced attorneys at McPherson Harry & Associates, P.C. are well-versed in the DUI defense.  They comprise former prosecutors and long-time defense attorneys who will work with you to develop a defense theory that is right for you.  They are experienced in negotiating reductions or plea bargains, as well as cross-examining officers and exposing the failures of the Field Sobriety Testing and Breathalyzer machines in use today.  The real advantage to hiring the firm to defend your rights and freedom is the unique method of teamwork that is employed by the lawyers.  They will review all the facts of your case together, brainstorming possible solutions and defenses and presenting options to you.  Call 630-472-9700 now to have your case evaluated for free.  Or, feel free to email the attorneys. 

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