What Happens When You Get a Second DUI in Cook County?

 Posted on December 28, 2021 in Driving Under the Influence (DUI)

Getting one DUI can be bad enough. Even a single DUI in Illinois can result in serious penalties and a long license suspension depending on the circumstances. However, there are sometimes opportunities to mitigate the seriousness of the matter. A second DUI is much more serious, and you will be less likely to see leniency. Courts may be understanding of a one-time mistake, but when that same mistake is repeated, the penalties can be much more severe. It will be particularly important to make sure you are represented by strong legal counsel to give you the best chances of avoiding serious jail time and other harsh penalties. 

What Are the Penalties for a Second DUI in Illinois?

A second DUI without certain aggravating circumstances is still a misdemeanor, meaning you could be sent to jail for up to a year. You could also be ordered to pay up to a $2,500 fine, in addition to court costs. Unlike with a first DUI, you may not be eligible for a period of probation or other court supervision instead of more traditional sentencing. It is likely that jail time will be in your future if you are convicted of a second DUI - the minimum sentence is five days. If you are able to get community service ordered in lieu of jail time, expect to perform 240 hours of service. 

Additionally, your license will be revoked upon conviction. The minimum revocation period is a year, but it could be much longer depending on the circumstances. Driver’s license reinstatement does not happen automatically. You will need to undergo a hearing before the Secretary of State’s office and convince them that you can be trusted to drive sober before you can regain driving privilages. 

What Aggravating Factors Would Make a Second DUI a Felony?

A second DUI can be charged as a felony in certain circumstances. If you are under the influence and cause an accident resulting in serious bodily injury or death, you may be charged with both felony DUI and vehicular assault. Additionally, if you are transporting a child under 16, you may be charged with aggravated DUI, a felony. If the minor is injured, the charge is even more serious. 

No matter the circumstances, if you have been charged with a second DUI, it is important to take the situation very seriously and get in touch with an aggressive defense attorney. 

Call a Cook County Second DUI Defense Lawyer

[[title]] represents people charged with all forms of DUI, from first-time misdemeanors to third-time felonies. Our experienced Chicago DUI defense attorneys will fight for you to receive the best possible outcome to your charges. Call us at 312-861-1084 for a free consultation. 

Source: 

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf