Felony vs Misdemeanor Charges. A second DUI offense in Illinois is treated as a misdemeanor unless “great bodily injury” results from the DUI incident. In that case, the offense is treated as a felony.
License suspension. If you are arrested for a second DUI in Illinois, your driver's license will be suspended. You have 46 days from the date of your arrest to request a court hearing against the license suspension. The license suspension period for a second offense DUI in Illinois is one year. Once the driver’s license is suspended for DUI, an individual can apply to the Secretary of State for a restricted driving permit. However, if the defendant refuses the chemical test, the suspension period is extended to three years and the individual will not be eligible for a restricted driving permit or hardship license for the entire period of suspension.
Look Back Period
In Illinois, the look back period for a second DUI offense is five years. So if a DUI defendant is stopped for a DUI and had a prior DUI conviction less than five years ago, the current stop will count as a second offense. If the prior conviction was more than five years ago, the current stop will be treated as a “first” DUI offense. However, a second conviction within a 20-year period will result in suspension of driving privileges for five years.
A second offense DUI is punishable with imprisonment that can extend up to one year. The mandatory requirement is five days of imprisonment or 240 hours of community service. The individual can also be subject to a maximum fine of $2,500. If a person is convicted of a second offense DUI within a 20-year period, the offense will result in loss of driving privilege for five years.
In Illinois a person charged with a second offense DUI cannot enter into plea negotiations with the prosecutor. It is barred by statute.