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DUI

Second DUI Offense

The second DUI offense in Illinois is considered a misdemeanor, provided there was no bodily harm caused in a car accident resulting from DUI. Once a person is arrested for the second DUI offense, their license will be suspended. A person has 46 days from the arrest to request a court hearing to stop license suspension. If your license is suspended for a second DUI, it will remain suspended for one year. Even though your driving privileges may be suspended, you may have the opportunity to apply for a restricted driving permit. Contact us to discuss your legal options.

Hire a DUI Defense Attorney in DuPage County for 2nd DUI Offense

Whether you were pulled over in Naperville, Glen Ellyn, Wheaton, Lombard, or Carol Stream, it’s vital you have a skilled DUI defense attorney who has the experience to represent you in DuPage County, Illinois. Call (630) 665-8978 for more information about DUI offenses.

2013 Illinois DUI Sentencing Guide

Second Offense

  • Class A Misdemeanor
  • No Court Supervision - Mandatory Conviction
  • Revocation of Driving Privileges
  • DUI Alcohol or Drug Counseling based upon a DUI evaluation
  • Mandatory 5 days jail or 240 hours community service
  • DUI technology Fee of $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Fines of up to $2,500.00
  • If 2d DUI and prior reckless homicide, then Class 4 felony
  • If BAC>.16
    • Add additional 2 days jail to above penalties
    • Mandatory minimum fine of $1250.00
  • If Passenger
    • Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I) and
    • min $2500.00 plus 25 days community service in a program benefitting children §11-501(d)(1)(K) and (I) and
    • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
    • If Bodily Harm to Passenger under 16,
      • Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I), and
      • min $5000.00 to max $25,000.00
      • plus 25 days community service in a program benefitting children and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If Great bodily harm, disability or disfigurement to any person
    • Class 4 felony, from probation to 1-12 years imprisonment
    • Minimum fine of $5000.00 plus 25 days community service in a program benefitting children (any bodily harm per 11-501(d)(1)(K and I)
    • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
  • If suspended, revoked, or no insurance, then
    • Class 4 felony 1-3 years imprisonment or
    • Probation up to 30 months and
    • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
  • If prior Reckless Homicide, or prior DUI resulting in death, then
    • Class 3 felony non-probationable 2-5 years
  • If accident with great bodily harm
    • Class 4 felony 1-3 years imprisonment or
    • Probation up to 30 months and
    • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
    • Minimum fine $5,000.00
DuPage County Bar Association