Kane County & Kendall County DUI Defense Lawyers
A DUI arrest starts two fights at once, the criminal charge and a separate attack on your license. Below is what a first, second, and third DUI actually mean under Illinois law, and how we fight them.
First, second & third DUI.
Driving under the influence is charged under 625 ILCS 5/11-501. It is illegal to drive with a BAC of 0.08 or more, while impaired by alcohol or drugs, or with any amount of a controlled substance in your system. Penalties climb fast with each offense.
First DUI
- •Up to 364 days in jail (no mandatory minimum)
- •Fine up to $2,500
- •Minimum 1-year license revocation (625 ILCS 5/6-208)
- •Court supervision may be available to avoid a conviction
- •BAC 0.16+: added 100 hours community service & higher minimum fine
- •Child passenger under 16: elevated to Aggravated DUI
Second DUI
- •Mandatory minimum 5 days jail or 240 hours community service
- •Up to 364 days in jail; fine up to $2,500
- •No court supervision, a conviction results
- •License revocation of at least 5 years if within 20 years of the first
- •BAC 0.16+: added mandatory jail time
- •Aggravating factors can elevate it to a felony
Third DUI
- •3 to 7 years in prison (probation possible)
- •Fine up to $25,000
- •Mandatory minimum 10 days jail or 480 hours community service
- •License revocation of at least 10 years
- •BAC 0.16+: mandatory 90 days jail & $2,500 minimum fine
- •Child passenger under 16: $25,000 minimum fine & 25 days community service
The summary suspension, and how we fight back
Separate from the criminal case, a DUI arrest triggers a Statutory Summary Suspension of your license that takes effect on the 46th day after arrest unless we file a Petition to Rescind in time. For a first offender, failing a chemical test generally means a 6-month suspension and refusing generally means 12 months; many first offenders can keep driving with a Monitoring Device Driving Permit (MDDP) and a BAIID.
We challenge every link in the chain: the lawfulness of the stop, the probable cause to arrest, how field sobriety tests were administered, whether the breath or blood testing was calibrated and properly performed, and whether the paperwork holds up. One weak link can rescind the suspension or sink the case. Penalties above are general and depend on the specific facts, prior history, and county, so call us for advice on your case.
The 46-day clock is running.
Call now to protect your license and start your defense. Free, confidential consultation.