Second DUI/DWI

Driving under the influence is a serious offense in Illinois.  Lawmakers continue to stiffen penalties in an effort to discourage drunk driving.  As a result each subsequent DUI carries higher penalties if convicted.  If you are charged with a second offense DUI in Illinois, the stakes are considerably higher. You face license loss, significant fines, and a real risk of jail time.

Penalties for Second DUI

The minimum sentence for a 2nd offense DUI charge under Illinois law is a Class A Misdemeanor.

It can result in penalties of:

  • Up to 364 days in jail, mandatory minimum 5 days (or 30 days community service)
  • Fines up to $2500
  • Loss of driver’s license
  • Required breath alcohol ignition interlock device (BAIID) for up to 4 additional years
  • Required alcohol addiction treatment programs
  • Significant increases in your auto insurance rates

New Change in DUI Law 2016

Previously, a second DUI had a mandatory one year loss of driving privileges.  Offenders had to wait for one year before they could apply for driving relief with a restricted driving permit (RDP).  New law, effective as of January 1, 2016 removes this mandatory waiting period.  As of 2016, offenders can apply for driving relief immediately.  While providing the opportunity for driving relief sooner, the new law also requires a BAIID to be installed in order to obtain a RDP.

Restricted Driving Permit

A restricted driving permit (RDP) allows a driver to drive at certain times to certain places as determined by the permit.  In most cases a permit will allow the offender to drive to work or other necessary places like doctor’s appointments, counseling, children’s daycare, and school.  As part of the new law that removes the “hard times” waiting period for driving relief, a RDP also requires the installation of a BAIID (breath alcohol ignition interlock device).


The BAIID is a device that requires the driver to breath into the device to start the car.  Breath alcohol level is determined by the device and it will not allow the car to start if the driver is impaired by alcohol.  Not only does the offender have to pay for the device, but also all fees for installing and monitoring the device.

Penalties for Third DUI

A 3rd DUI/DWI Drunk Driving Conviction is a Class 2 Felony Offense.

Penalties for a third offense DUI conviction are as follows:

  • 2 to 7 years jail, mandatory minimum 10 days (or 60 days community service)
  • Fines up to $2500
  • Loss of driver’s license
  • Required breath alcohol ignition interlock device (BAIID) for 10 years to life
  • Required alcohol addiction treatment
  • Significant increase in car insurance costs

Free DUI Case Evaluation

With the Illinois legislature’s increased push to punish drunk drivers, it could be even harder to get a fair deal in court from the prosecutors. You need a top Illinois DUI defense attorney fighting on your side. This is not a charge to take lightly. Please contact the DUI defense attorneys at Tower Legal as soon as possible for our free DUI case evaluation and legal consultation. As part of our evaluation, we’ll:

  • Go over all the facts in your case;
  • Discuss your best options to fight the charges; and
  • Tell you what you are likely to face if you plead or are found guilty.

The consultation is free, and there is no obligation. The DUI attorneys at Tower Legal know Illinois DUI laws backwards and forwards, and have the experience and knowledge to get you the best outcome possible. Call Tower Legal today, or fill out the form and we’ll have our Chicago DUI attorneys get back to you.