What Happens if You Get a Second DUI?

Operating a motor vehicle while under the influence of alcohol or drugs can result in criminal charges and steep penalties in Illinois. This includes possible jail time, hours of community service, expensive fines, lost driving privileges, and more. These consequences scale up for repeat offenders, meaning that repeat DUI convictions carry more severe penalties than a 1st-time offense.

At Naperville DUI Lawyer our criminal defense attorneys have extensive experience fighting DUI charges and know what it takes to build an effective defense strategy for any case. If you are facing a 2nd time DUI charge you know the severity of the situation, and you should quickly take steps to deal with it. Contact our dedicated and knowledgeable Illinois DUI defense firm today to schedule a free case consultation to see what we can do to help.

Penalties For a Second DUI in Illinois

In Illinois, you may be arrested for a DUI if you have a blood alcohol content (BAC) of 0.08% or higher while operating a vehicle. Penalties second-time DUI offenders face include the following:

Criminal Consequences

A 2nd-time DUI is charged as a class A misdemeanor offense and carries mandatory county jail time of 5 days with up to 364 days as the possible maximum sentence. This can be elevated to a felony charge if you had a passenger under the age of 16 at the time of your arrest.

A second DUI conviction may result in the following fines:

  • A maximum of $2,500 for a class A misdemeanor
  • A maximum of $25,000 if it is elevated to a felony charge based on extenuating circumstances
  • An additional fine of at least $1,250 for a BAC of .16 or higher
  • An additional fine of at least $2,500 if you had a passenger under 16 years of age
  • An additional fine of at least $5,000 if you had a passenger under 16 years of age who was injured

A 2nd-time DUI conviction may result in a suspension of your driver's license for 5 years. During this time you may qualify for a restricted driving permit in order to attend school, work, medical visits, or required alcohol education classes. If you qualify for and are granted a restricted driving permit you will be required to have an ignition interlock device installed in your vehicle.

You may be assigned up to 2 years on probation following a 2nd DUI conviction. This will likely start as supervised probation but may be reassessed as unsupervised or even ended early if you follow the terms and conditions listed as part of your probation.

Administrative Penalties

Statutory summary suspension is one of the most significant administrative penalties you will face for a DUI. This is an administrative suspension of your driving privileges that results from a DUI arrest and is separate from any suspension period you receive as part of court punishment. Depending on the circumstances you will face the following:

  • A 2nd+ DUI offense within 5 years will result in a license suspension of 1 year without the option for a monitoring device driving permit if you fail a chemical test
  • A 2nd+ DUI offense within 5 years will result in a license suspension with a minimum of 1 year and up to 3 years without the opportunity for a monitoring device driving permit if you refuse to take a chemical test
a drunk driver being pulled over by police

When you are eligible to have your license returned you will be required to pay a reinstatement fee of $500 to the Office of the Secretary of State. This breaks down to $60 to the Illinois Road Fund, $190 to the Drunk and Drugged Driving Prevention Fund, and $250 to the General Revenue Fund.

You will likely be required to obtain SR22 insurance following your license suspension, a type of insurance that specifically covers high risk drivers. This will dramatically raise your premiums and you are often required to maintain this coverage for 3 years before being eligible for a standard insurance policy. This can result in thousands of dollars being spent on higher insurance rates following your arrest.

One of the most important distinctions between a first and second DUI conviction is your eligibility for court supervision. A court supervision sentence allows you to prevent a DUI conviction from being entered on your record as long as you successfully complete several requirements set by a judge.

These can include paying all fines and court fees, successfully completing an alcohol or drug treatment program, avoiding any further legal trouble, and more for the duration of your supervision sentence. While this may be an option for a first-time DUI charge, a 2nd-time DUI offender will not qualify for court supervision.

What Type of Charge is a Second DUI?

In most cases, a second DUI will be charged as a class A misdemeanor, but aggravating circumstances may result in an upgrade to a felony charge. If you cause an accident while driving under the influence that results in death or serious bodily injury your DUI charge will be elevated to a felony DUI in addition to a vehicular assault charge.

Similarly, if you have a passenger under the age of 16 when you are arrested for a 2nd DUI you may be charged with an aggravated DUI, which is a felony in Illinois. Your charges will be even more severe if your minor passenger is injured in an accident.

Regardless of the circumstances surrounding your 2nd DUI charge, you should contact an experienced defense attorney as quickly as possible. This is even more critical if you may be facing a felony charge following your arrest.

Can You Beat a Second DUI Charge?

If you have been arrested for drunk driving it can be easy to feel like there is no avoiding a conviction. The reality may not be so cut and dry. An experienced criminal defense attorney will know the various legal defenses that could apply to your case and fight to keep any further marks off your criminal record. This could mean looking into whether your initial stop was valid, examining any tests administered to determine if your blood alcohol concentration was over the legal limit, and reviewing the documented chain of custody of any evidence to be used against you.

Our dedicated team at Naperville DUI Lawyer has experience in fighting DUI charges, negotiating beneficial plea deals, and assisting in getting driving rights restored. A talented DUI criminal defense lawyer can be the difference between beating your charge and serving a jail sentence. Contact us today to schedule a free initial consultation to see what we can do for you.