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What Happens to First-Time DUI Offenders in Illinois?

Posted on in Criminal Law

McHenry County, Crystal Lake, Crystal Lake IL, criminal defense, attorney, lawyer, Driving under the influence is a criminal offense and is treated seriously under Illinois law because of the danger it poses to yourself, your passengers, and other users of the road. First-time DUI offenses are no exception, though penalties are typically less severe in recognition that the behavior may indicate a one-time lapse in judgment rather than the start of a pattern of endangerment. If you have not been convicted of a DUI before, you may be concerned about the penalties you could face if it does happen to you.

Consequences for First-Time DUI Offenders

If a law enforcement officer suspects you of driving under the influence of alcohol or another substance, they may pull you over and ask you to submit to a field sobriety or blood alcohol content (BAC) test. If you refuse a chemical test, or if the results indicate impairment above the legal limit, you can be arrested and may face consequences including:

  • Court Supervision: First-time offenders may be sentenced to supervision instead of being convicted, which allows you to avoid some of the penalties for DUI and for the charges to be dismissed if you comply with the terms of the supervision order.
  • Fines and Court Costs: If you are convicted of driving under the influence, you can face the consequences of a Class A misdemeanor, including a fine of up to $2,500. You will also likely be responsible for paying for court costs associated with your trial.
  • Jail Time: Class A misdemeanors can carry a sentence of up to one year in county jail, which may be reduced due to good behavior.
  • Suspended or Revoked License: Your driver’s license can be suspended after a DUI arrest or court supervision order, and it will be revoked for at least a year in the case of a DUI conviction. First-time offenders will often be required to install a BAC ignition interlock device in their vehicle during a suspension. You may apply for reinstatement of your license at the end of the suspension or revocation period.
  • Court-Ordered Programs: For a first-time DUI offense, you may be required to participate in a drug or alcohol treatment program or a DUI education program as part of your sentence.
  • Increased Penalties for Exacerbating Factors: Even if you are a first-time offender, you can face higher penalties and sometimes felony charges if your BAC is 0.16 or higher, if you have a child passenger in your vehicle at the time of arrest, if you are driving under the influence in a school zone, or if your impaired driving causes an injury or fatality.

Contact a McHenry County DUI Defense Lawyer Today

Many first-time DUI offenders can avoid being charged with the full extent of the possible penalties with the help of an experienced defense lawyer. At Botto Gilbert Lancaster, PC, we can help you obtain supervision or negotiate for a fair sentence. For a free consultation with a Crystal Lake DUI defense attorney, call 815-338-3838.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+V&ActID=1815&ChapterID=49&SeqStart=120100000&SeqEnd=122400000

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-55

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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