The Law Offices of Jack L. Zaremba, represents clients charged with DUI throughout Will and Grundy Counties. If you have been arrested for a DUI, you need a top rated DUI attorney to assist in your case. The information below is a brief overview of the DUI penalties and sentencing laws of the Illinois. The State of Illinois continues to increase the penalties for new DUI offenders and for repeat offenders as well. 

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16, whether the driver was driving the wrong way on a one-way road, and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI. 

First DUI Conviction

  • Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to
    $2,500); minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration. 
  • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service. 
  • If committed while transporting a child under age 16 — In addition to any penalties or fines, possible imprisonment of up to 6 months, mandatory mini-mum fine of $1,000 and 25 days of community service in a program benefiting children. 
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000) 

Second DUI Conviction

  • Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to
    $2,500); mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration. 
  • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250. If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000). 
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000) — In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

What is a Aggravated DUI

Any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or 10 days imprisonment. 

Aggravated DUI includes the following offenses:

  • Third or subsequent DUI 
  • DUI committed while driving a school bus carrying persons age 18 or younger 
  • DUI resulting in great bodily harm, permanent disability or disfigurement Second or subsequent 
  • DUI committed while transporting a child under age 16 
  • DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child 
  • DUI committed without a valid driver’s license or permit 
  • DUI committed without vehicle liability insurance
  • DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death 
  • DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm 
  • DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death
  • DUI resulting in Death

Aggravated Felony DUI Sentencing

Under Illinois law, felony classification ranges from a Class 4 felony up to a Class X felony, each carrying different amounts of prison time:

  • Class 4 Felony DUI - 1-3 years and up to a $25,000 fine; Aggravated DUI involving injury — Possible imprisonment of 1-12 years; fines of up to $25,000.
  • Class 3 Felony DUI - 2-5 years and up to a $25,000 fine
  • Class 2 Felony DUI - 3-7 years and up to a $25,000 fine; Aggravated DUI with 1 death — Possible imprisonment of 3-14 years; fines of up to $25,000. Aggravated DUI with multiple deaths — Possible imprisonment of 6-28 years; fines of up to $25,000.
  • Class 1 Felony DUI - 4-15 years and up to a $25,000 fine
  • Class X Felony DUI - 6-30 years and up to a $25,000 fine.

Third DUI Conviction (Aggravated)

  • Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration. 
  • If committed with BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500. 
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth DUI Conviction (Aggravated)

  • Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration. 
  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. 
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth DUI Conviction (Aggravated)

  • Class 1 felony (possible imprisonment of 4-15 years, fines of up to $25,000); rev-cation of driving privileges for life with no relief available; suspension of vehicle registration. 
  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. 
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Conviction (Aggravated)

  • Class X felony (possible imprisonment of 6-30 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration. 
  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

**It is important to know that a conviction of a 4th DUI or higher are non-probationable offenses. That means a finding of guilty for these types of offenses will result in the mandatory minimum prison sentence. The judge must sentence you to a term of incarceration, for years.

Reckless Homicide

You may be charged with reckless homicide if you operate a motor vehicle, snow-mobile, all-terrain vehicle or watercraft while under the influence that results in the death of an individual. If convicted, you will serve a minimum of two years of imprisonment (possibly longer, depending on the circumstances and location of the crash). Suppose you are driving on a suspended or revoked driver’s license as the result of an Aggravated DUI conviction and are involved in an alcohol-related crash where a death occurs. In that case, you may be charged with reckless homicide. 

DUI with Accident

As a general rule, the fact alone that there was an accident involved in your DUI case won't make the case a felony. The following can make even a first DUI arrest a Felony with significant sentencing penalties:

DUI accident where there was great bodily harm or disfigurement to another

  • 1st-3rd DUI offense: If sentenced to a term of imprisonment a minimum of 1-12 years of imprisonment
  • 4th and subsequent DUI offense: Minimum 1-12 years of imprisonment.

DUI accident where death occurred

  • 1st-3rd DUI offense: If sentenced to a term of imprisonment a minimum of 3-14 years of imprisonment unless 2 of more deaths occurred. Then minimum of 6-28 years of imprisonment
  • 4th and subsequent DUI offense: Minimum of 3-14 years of imprisonment unless 2 or more deaths occurred. Then minimum of 6-28 years of imprisonment.

DUI accident resulting in harm to a person under the age of 16

  • Mandatory fine of $2,500.00 and 25 days of community service work benefiting children

Additional Consequences of DUI

  • A DUI conviction is a permanent part of an offender’s driving record. 
  • The offender may lose work time. 
  • The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated 
  • The offender must meet the requirements of the Secretary of State’s Department of Administrative Hearings prior to obtaining an RDP. 
  • The offender’s vehicle may be impounded or seized. 
  • A BAIID may be installed on the offender’s vehicle as a condition of driving relief. For more information on BAIID requirements for driving relief following a DUI conviction 
  • The offender is required to carry high-risk auto insurance for 3 years. 
  • The offender’s vehicle registration will be suspended.

If you have been charged with a DUI in Will and Grundy County, you need a top rated DUI defense attorney at your side. Contact us for a free consultation by phone at 815-740-4025 or send us an email with the online contact form.