Repeat And Felony DUI – A Serious Matter
In the state of Illinois, the look-back time period for DUI convictions is ten years. Consequently, if you were convicted for drunk driving anytime within ten years of your second DUI arrest, you will be sentenced as a repeat DUI offender. The penalties for repeat and felony DUI increase substantially and involve lengthy driver license suspensions.
At the Law Office of Philip 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 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 (within ten years of first):
- License suspension: a 3 year minimum
- Jail: a 48 hour mandatory minimum jail sentence to a maximum of 1 year in prison
- Fine: a fine up to $1,000
- If carrying a passenger under age 16: an additional fine of $1,000 and an additional 10 days in jail
- Community Service: 10 days if chosen in lieu of 48 hours in jail
- BAIID or SCRAM participation: participation mandatory in order to receive a DUI hardship license
Third DUI Conviction (within 10 years of first) – Class 4 Felony
- License suspension: the loss of your license for 6 years
- Jail: a prison sentence of up to 3 years
- Fine: a fine of $10,000
- If carrying a passenger under age 16: an additional $1,000 minimum fine and an additional mandatory minimum of 30 days in jail and a 140 hours of community service
- BAIID or SCRAM participation: participation mandatory to receive a DUI hardship license
Additionally, the state may seize or impound your car in cases involving repeat or felony DUI.
Applying For A DUI Hardship License As A Repeat/Felony DUI Offender
In order to receive a DUI hardship license, you must install a breath alcohol ignition interlock device (BAIID) on your car or participate in the Secure Continuous Remote Alcohol Monitor (SCRAM) program. 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. If at any time your register a BAC in excess of .025%, your car horn will sound, your lights will flash, and your windshield wipers will go off. The cost of installing the BAIID is around $150 in addition to a $100 monthly maintenance 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 $15 a day. If you violate the terms of your BAIID or SCRAM program at any time, you license could be subject to a very lengthy license suspension.
Contact A Knowledgeable Attorney
A repeat or felony DUI conviction is a very serious matter in Illinois. If you’ve been arrested for DUI within ten years of your first DUI conviction, contact DUI defense attorney Philip Nathe today to schedule a free consultation and discuss your case.