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DuPage County Felony DUI Attorney

Repeat And Felony DUI – A Serious Matter

The state of Illinois does not have a look-back time period for DUI convictions. Consequently, if you were convicted for drunk driving at any time in the past, a second DUI will result in you being sentenced as a repeat DUI offender. The penalties for repeat DUI increase substantially with each subsequent offense, and they may involve lengthy driver's license revocations, mandatory prison sentences, large fines, and community service.

At the Law Office of Philip R. Nathe, we work hard to have the charges or sentence against you reduced. If there is no question of your guilt, it may still be possible to lessen your jail time and fines. Depending on the specifics of your case, there may be issues related to how a field sobriety test was given, whether the officer had reasonable suspicion to pull you over in the first place, and whether or not the breathalyzer used was functioning properly. We will carefully review these issues, and we may be able to have the charges against you dismissed if there are any problems in these areas.

A second or felony DUI is a serious matter in Illinois. To schedule a free consultation and learn how we can help you, contact Naperville repeat and felony DUI attorney Philip Nathe today.

Penalties for Repeat and Felony DUI in the State of Illinois

As in first-time DUI cases, judges have some discretion in sentencing repeat and felony DUI offenders. In general, however, the following penalties apply:

Second DUI Conviction:

  • License revocation: a 5-year minimum
  • Jail: a five day mandatory minimum jail sentence to a maximum of one year in prison
  • Fine: a fine up to $2,500
  • If carrying a passenger under age 16: A Class 4 felony with a potential jail sentence of one to three years and a maximum fine of $25,000
  • Community Service: 240 hours if chosen in lieu of five days in jail
  • BAIID participation: participation mandatory in order to receive a restricted driving permit

Third DUI Conviction – Class 2 Felony:

  • License revocation: the loss of your license for 10 years
  • Jail: a prison sentence of up to seven years
  • Fine: a fine of up to $25,000
  • If carrying a passenger under age 16: a mandatory fine of $25,000 minimum fine and 25 days of community service
  • BAIID participation: participation mandatory to receive a restricted driving permit

Additionally, the state may seize or impound your car in cases involving repeat or felony DUI. More serious felony charges will apply for fourth or subsequent DUI convictions. Felony charges will also apply in aggravated DUI cases that involve factors such as DUI resulting in injury or DUI resulting in death.

Applying for a DUI Hardship Permit as a Repeat/Felony DUI Offender

In order to receive a DUI hardship permit, you must usually install a breath alcohol ignition interlock device (BAIID) on your car, and you may also be required to participate in the Secure Continuous Remote Alcohol Monitor (SCRAM) program. A restricted driving permit (RDP) may be available if you can demonstrate that the loss of your driving privileges would result in hardship. An RDP may limit when and where you can drive, such as to travel to and from work, to transport children to and from school, or to run essential errands.

The BAIID works like a breathalyzer and attaches to your car. Before your car will start, you must blow into the device and register a blood alcohol content (BAC) of .025% or lower. If your BAC is higher, your car will not start and a "FAIL" will be recorded by the device. If you pass and your car starts, you will be required to periodically blow into the BAIID while you are driving. The cost of installing the BAIID is around $85 in addition to a $80 monthly maintenance fee and a $30 monthly monitoring fee.

The SCRAM program involves monitoring your BAC around the clock through a device that attaches to your skin around your leg by your ankle. The SCRAM device measures alcohol in your perspiration, transmitting data electronically over a wireless Internet connection that feeds into a central monitoring location. The cost for the SCRAM program is approximately $27 a day. If you violate the terms of your BAIID or SCRAM program at any time, you could be subject to a very lengthy license suspension.

Contact a Knowledgeable DuPage County Multiple DUI Attorney

A repeat or felony DUI conviction is a very serious matter in Illinois. If you have been arrested for DUI, and you have one or more previous DUI convictions, contact DUI defense attorney Philip Nathe today at 630-416-7600 or toll free at 888-583-6197 to schedule a free consultation and discuss your case.

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