Do Penalties Get Worse the More DUI Offenses You Have?

 Posted on April 18, 2024 in DUI

Driving under the influence (DUI) of alcohol or drugs can result in serious consequences in the state of Illinois. A lot of factors are taken into consideration when your punishment is determined: How old are you? What was your blood alcohol content at the time of your DUI arrest? Were you transporting others at the time, and if so were they minors? Did you cause a crash resulting in damages or injury? One factor that will almost always result in a harshening of the penalties is whether you had prior convictions of the same charge. If you are convicted of a felony charge or aggravated DUI, a Will County, IL DUI defense attorney can fight for your legal rights and formulate a good strategy to represent your case.

How Are DUIs Punished?

If your blood alcohol content is at least 0.08 grams per deciliter, you are above the legal BAC limit for driving. Your penalties will differ depending on whether these were your results or you refused to undergo any chemical testing. However, it is important to note that in the state of Illinois, being a licensed driver means you have already given automatic consent to undergo chemical testing of your blood, breath, or urine.

Consent or Refusal?

If your BAC is over the legal limit, your driver’s license will be suspended for a year. If you refuse to undergo any test, your license will be suspended for three years.

Which DUI Charge Is This for You?

The penalties you face differ depending on how many previous charges you have had.

• If this is your second DUI: It is a Class A misdemeanor. Two factors can affect the penalty: timing and age. The time between a first and second DUI is important as well. If they are less than 20 years apart, you will lose driving privileges for five years. If you were under 21 when you got a second DUI, you will lose driving privileges for five years or until you turn 21, whichever takes longer.
• If this is your third DUI, your license will be revoked for 10 years.
• If you have had four, five, six, or more DUIs, your driving privileges will be revoked for life.

Schedule a Free Consultation with a Joliet, IL DUI Defense Attorney

If you have had multiple DUIs, speak with an experienced Will County, IL DUI defense lawyer. We understand the process and can guide you through it as we fight passionately for your rights. Call McNamara Phelan McSteen, LLC at 815-727-0100.