Fighting a Third or Fourth DUI Charge

 Posted on October 18, 2018 in DUI/DWI

One-third of drivers arrested for drunk driving are repeat offenders, according to Mothers Against Drunk Driving (MADD). National Highway Traffic Safety Administration (NHTSA) data revealed that for some states, 47 percent of DUI offenders are repeat offenders. Ultimately, if you have already been convicted of one DUI, there a high chance that you will be charged with another. Moreover, after a second DUI conviction in Illinois, the penalties become much higher.

Aggravated DUI

An aggravated DUI is a serious offense — one that results in mandatory imprisonment or community service terms not being eligible for suspension or reduction. Additionally, aggravated DUI charges result in a minimum of 480 hours of community service or 10 days of imprisonment for those out on probation or conditional discharge. Aggravated DUI is charged when the offender was driving under the influence:

• In a school zone, while the school speed was in effect, and caused a crash resulting in bodily harm;
• While driving a school bus with one or more minors as occupants;
• And caused a serious bodily harm;
• And caused a death;
• Without vehicle liability insurance; and
• In many other circumstances.

Additionally, aggravated DUI is charged whenever the offender has already had two DUI convictions, according to the Illinois Secretary of State.

Third DUI Conviction

• Class 2 felony (three to seven years imprisonment);
• License revocation for 10 years minimum; and
• Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

• Mandatory 90-day imprisonment; and
• Mandatory minimum fine of $2,500.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

• Mandatory fine of $25,000; and
• Mandatory 25 days of community service in a child-benefiting program.

Fourth DUI

• Class 2 felony;
• License revocation for life; and
• Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

• Mandatory minimum fine of $5,000.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

• Mandatory fine of $25,000; and
• Mandatory 25 days of community service in a child-benefiting program.

Fifth DUI Conviction

• Class 1 felony (four to 15 years imprisonment);
• License revocation for life; and
• Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

• Mandatory minimum fine of $5,000.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

• Mandatory fine of $25,000; and
• Mandatory 25 days of community service in a child-benefiting program.

Sixth or Subsequent DUI Conviction

• Class X felony (six to 30 years imprisonment);
• License revocation for life; and
• Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

• Mandatory minimum fine of $5,000.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

• Mandatory fine of $25,000; and
• Mandatory 25 days of community service in a child-benefiting program.

Call a Rolling Meadows Criminal Defense Attorney Today

It is vital to work with an experienced Rolling Meadows felony DUI attorney if you have been charged with a third or subsequent DUI offense. Contact Christopher M. Cosley today at 847-394-3200.

Sources:

https://one.nhtsa.gov/people/outreach/traftech/1995/tt085.htm

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

https://www.madd.org/statistics/