Second Offense DUI in Illinois

Felony vs Misdemeanor Charges

In Illinois, as in most states, a second DUI offense is treated as a misdemeanor unless someone suffers great bodily injury as a result of the drunk driving incident, in which case it will be treated as a felony offense.

Administrative Penalties

If you are arrested for 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. If the request for an administrative hearing is not made within 46 days, the Secretary of State will suspend the driver’s license. 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

Every state has a look back period for repeat DUI offense. In Illinois, the look back period for a second DUI offense is five years. So if a DUI defendant had a prior DUI conviction more than five years ago, it will not be counted as a second offense. The second offense will be treated as the first DUI offense. However, a second conviction within a 20-year period will result in suspension of driving privileges for five years. 

Criminal Penalties

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. 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.

Plea Options

A person charged with a second offense DUI in Illinois can plead guilty or not guilty. If he pleads guilty, the judge will sentence him. If he pleads not guilty, the judge will schedule the case for trial. In Illinois a person charged with a second offense DUI cannot enter into plea negotiations with the prosecutor. It is barred by statute.

Get Legal Advice

If you have been charged with a second offense DUI in Illinois, consult with an experienced Illinois DUI attorney.