Facing charges for a DUI can be incredibly complex. Though many assume these charges will be a slap on the wrist and a stern warning, this is far from the truth. However, if charged with a second DUI offense in Illinois, understanding what charges you can face is critical. You may wonder whether or not you’ll go to jail for these charges. If this reflects your circumstances, you’ll want to keep reading. The following blog explores what you must know about these matters. Additionally, you’ll discover how a Peoria DUI lawyer can help you through these complex charges.
In Illinois, like all other states, a driver found in actual physical control of a vehicle with a blood alcohol concentration (BAC) of 0.08% can be charged with driving under the influence (DUI). While 0.08% is the legal limit, meaning any driver at or over that percentage will be charged with a DUI automatically, you can still face charges if your BAC is lower but there is alcohol in your system, and it impacts your ability to operate a vehicle.
In Illinois, a second offense DUI can be incredibly complex, as it’s charged as a Class A misdemeanor offense. Generally, you will face a minimum of 5 days in jail or 240 hours of community service. However, this carries a potential for up to one year in jail. If your BAC is high, up to 0.16%, there is a mandatory minimum of two days behind bars with no alternative option for community service.
In addition to potential jail time, you’ll incur up to $2,500 in fines and the revocation of your license for five years.
However, if you are charged with a second DUI with a minor under 16 in the vehicle, this is a Class 2 felony. This warrants 10 days in jail or up to 480 hours of community service, but the potential for seven years. If there are aggravating factors, you’ll face up to fourteen years in jail.
In the event you’re arrested for a second DUI, it’s essential to understand what to do. Many make the mistake of trying to plead with the arresting officer. However, you may say something incriminating that can be used against you. As such, you should inform the officer that you want an attorney and invoke your Constitutional right to remain silent until you have spoken to your lawyer.
When you need legal representation, Giraudo Law is ready to help. Our team understands how complex these matters can be, which is why we are dedicated to guiding you through these issues. If you’re facing a second DUI charge in Illinois, our firm is ready to help explore all possible avenues to help you achieve the best possible outcome for your circumstances. Connect with us today to discover how we can assist you.
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