What is the Most Common Outcome of a DUI Conviction?

 Posted on December 26, 2024 in DUI

Driving under the influence (DUI) is a serious offense in Illinois. A DUI conviction can lead to serious consequences, although each case is different and your outcome will depend on several factors. 

Understanding the most common outcomes of a DUI conviction can help you prepare and make smart decisions if you are facing charges, and an Illinois DUI defense attorney can help. 

First-Time DUI Convictions

For most people, a first-time DUI is a misdemeanor offense. A misdemeanor is a less serious crime compared to a felony, but it still carries penalties that can affect your life in important ways.

If convicted of a basic first DUI in Illinois, you may be required to pay a fine of up to $2,500 and your driver’s license may be suspended for up to one year. However, you may qualify for a Monitoring Device Driving Permit (MDDP), which allows you to drive with a breath alcohol ignition interlock device (BAIID). This device tests your breath for alcohol before your car can physically start.

You will probably be placed on court supervision or probation, which means you will have to follow specific rules, such as going to alcohol education classes. Jail time is less common for first-time offenders unless there are aggravating factors, such as a high blood alcohol content (BAC) or driving with a child in the car.

Second DUI Convictions

A second DUI conviction is still a misdemeanor but comes with harsher penalties. Although getting a supervision-only sentence is possible with a first DUI, this is no longer an option with a second DUI. Common penalties for this Class A Misdemeanor include:

• Higher Fines: The fines may be similar to a first DUI but are often paired with additional court costs and fees.

• License Suspension: Your driver’s license will be suspended for a minimum of five years if the second offense occurs within 20 years of the first.

• Jail Time: You may face a mandatory minimum jail sentence of five days or 240 hours of community service.

• Probation and Treatment: Judges may require alcohol treatment programs or substance abuse counseling.

• Ignition interlock device: You will likely have to pay to install a machine that keeps your car from starting if you have alcohol in your system. 

Having a blood alcohol content of .16 or higher, as well as other aggravating factors like having a child under age 16 in the car, can lead to a longer stay in jail and higher fines. 

Third or Subsequent DUI Convictions 

For a third or subsequent DUI conviction, outcomes include a felony conviction and the following penalties:

• Fines can go up to $25,000, and you could face three to seven years in prison. Probation may be available for some cases.

• License Revocation: Your license can be revoked indefinitely, with limited chances for reinstatement.

• Felony Record: Having a felony record can make it very hard to find a job and a place to live and often poses challenges to good relationships with family and friends. 

DUI Convictions Involving Injury, Death, or Major Damage

If a DUI results in significant vehicle damage, serious injury, or death, the penalties increase substantially. These cases are often charged as aggravated DUI, which is a felony. A DUI that causes serious injury can result in three to 14 years in prison. If at least one person dies, the sentence can be for as long as 28 years. The fines are also significantly higher and often accompany civil lawsuits from victims or their families. In cases of severe injury or death, you may permanently lose the ability to drive.

You Need an Arlington Heights, IL DUI Defense Attorney for Your DUI Charges

No matter the type of DUI charge, the consequences are serious and can affect your life for years. However, with the help of an experienced attorney, you may be able to reduce the charges, negotiate for probation instead of jail time, or challenge the evidence against you.

If you are facing DUI charges, contact the Rolling Meadows, IL criminal defense attorney at Scott F. Anderson, Attorney at Law immediately. We understand the laws in Illinois and can help you navigate your case while protecting your rights and fighting for the outcome that will impact your life the least. Call 847-253-3400 today for a free consultation and get the help you need.