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A first DUI in Illinois is typically charged as a Class A misdemeanor, under 625 ILCS 5/11-501, carrying up to 364 days in county jail and fines up to $2,500. Court supervision is often available, though there is no guarantee that the judge will grant you this option. If you have any aggravating factors, that will also change how your first DUI is charged, making it essential to secure strong legal representation to help you fight for the most favorable outcome possible.
Statutory Maximums
The maximum punishments for a standard first-time DUI in Illinois include 364 days in county jail and a $2,500 fine ceiling. These are the maximum limits that could potentially be imposed, along with additional court costs and assessments.
However, our attorneys recommend that you look at our Illinois DUI penalties: complete guide to have a deeper understanding of the penalties involved. Your criminal case is only one aspect of what happens when you’re arrested for DUI in this state. An administrative case runs alongside it pertaining to your ability to legally continue driving. That’s why facing these charges requires first offense DUI defense to ensure you don’t miss the window to act on that before the 46th day arrives. Many people assume that it happens after their court date or that not being convicted for their charges closes the books on everything, though that’s not the case.
If you have been convicted of DUI before or there are other aggravating factors, that changes the landscape of the penalties you may face. What is the penalty for aggravated DUI in Illinois? It will depend on the circumstances involving your DUI as certain aggravating factors can significantly expand the potential consequences.
What Actually Happens in Most First-Offense Cases?
In the majority of first-offense DUI cases in Illinois, a clean first-time offender usually avoids jail time and receives court supervision. If all of the requirements set for this supervision are met, it prevents a permanent criminal conviction from landing on your public record. Court supervision typically involves paying the assigned fines, attending mandatory drug and alcohol evaluations and taking risk education classes, as well as providing public service. If the judge has granted you this option, staying out of trouble is essential, as that could result in additional charges and penalties.
However, if extraordinary circumstances exist in your case, even for a first-time DUI, the Class A misdemeanor charge that is assigned for standard DUI cases usually won’t apply. Instead, you may be facing felony charges for an aggravated DUI. Extraordinary circumstances in DUI cases include causing an accident with great bodily harm or death, or having a passenger under the age of 16 present with you in the vehicle at the time an officer pulls you over.
The Separate License Consequence
In addition to the criminal penalties involved with a first DUI in Illinois, statutory summary suspension runs on its own track on the administrative side. It activates on the 46th day after you’ve been given your notice, which usually happens at the time you are arrested.
Failing to handle this separate administrative track during this time can make it much harder to get back on the road again without any limitations. Since it begins before any conviction may be doled out by the judge, you don’t want to waste any time getting DUI defense on your side.
Attorney Insight
“A first DUI in Illinois is typically charged as a Class A misdemeanor, carrying penalties of up to 364 days in county jail, and fines up to $2,500. Court supervision may be available in these cases, absent extraordinary circumstances.” — Erin K. Conner, former Chief of the Criminal Bureau, St. Clair County State’s Attorney’s Office
Why the Outcome Isn’t Automatic
Although the courts tend to provide court supervision as an alternative for first-time DUI offenders, particularly if they have a completely clean criminal history, it is completely discretionary. There is no guarantee, especially if you are accused of having any extraordinary circumstances in your case.
The Conner Law Firm defends first-time DUI charges in Belleville, St. Clair, Madison, and Monroe Counties, and throughout southern Illinois. Led by former prosecutor Erin K. Conner, our team is ready to deflate the prosecution’s case and work toward securing the most favorable outcome given the circumstances. Don’t let time run out to take action and call (618) 277-2421 or text (314) 944-5553 to speak with a defense attorney from our team today.
