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posted on 2/2/22

The Los Angeles Rams are heading to Super Bowl 56 after defeating the 49ers in the NFC Championship. A Chicago-area man who has experienced some struggles with his business lately decided to bet heavily on the NFC championship game. He bet on the 49ers, who were heavily favored to win. Thinking it was a safe bet and a way to help himself out with some of his debt, he put a significant amount of money on the 49ers. He began getting nervous when the Rams shut out the 49ers in the second half, scoring 13 points.

The Rams had a shockingly good second half, sealing their victory. The man began worrying that a significant portion of his savings would be gone and started drinking heavily. After the game, he tried to drink away his sorrows. While driving himself home, he suddenly feels a jolt and realizes he is crashing. He discovers that he crashed into another driver and sees an ambulance carrying someone to the hospital. He has already been convicted of a DUI two years ago, and now he is worried about the consequences of a second DUI. If the other person involved suffered serious bodily injury, he could be facing class 4 felony charges, resulting in one to 12 years in prison.

The Penalties for a Second-Time DUI in Illinois

Being charged with a DUI can be scary. In Illinois, a second DUI is considered to be a class A misdemeanor with a sentence of up to one year in jail and a maximum fine of $2,500. At a minimum, this person will face either 5 days of imprisonment or 240 hours of community service. One of the most devastating consequences of being convicted of a second DUI is that Illinois can revoke your driver’s license. Additionally, for second DUI charges, defendants are not eligible for a sentence of supervision. The minimum sentence available under Illinois law is a conviction that will force the Secretary of State to revoke your driver’s license.

Mandatory Minimum Penalties

In addition to a conviction and a revoked driver’s license. This means that the judge will not be able to decrease the penalties lower than the mandatory minimum penalties, such as:

  • Five days in jail or 240 hours of community service
  • An assessment of $1,000 to be paid in addition to court costs and the fine
  • If the defendant’s blood alcohol content is .16% or higher, the charges will be raised to a class A misdemeanor.
  • If the defendant was driving with a passenger under the age of 16, they will face class 2 felony charges
  • If the defendant causes bodily harm to a child passenger, the offense is a class 2 felony with 3-7 years in prison with a minimum fine of $5,000

The second DUI offense will be increased to a class 4 felony if the defendant:

  • Has a prior reckless homicide
  • Causes an accident resulting in great bodily harm, disability, or disfigurement
  • Has a suspended or revoked driver’s license due to a prior summary suspension or DUI conviction
  • Did not have a valid driver’s license, or
  • Did not have proof of insurance
  • Discuss Your Case With a Chicago DUI Defense Attorney

    At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights if you have been charged with a crime.