How much jail time can I expect from a third DUI? 2 Answers as of August 03, 2011

I currently got my 3 rd DUI in IL and was wondering how much jail time I'm looking at? I've come to admit its obvious that I have a drinking problem and plan on getting help. I am a single mom of two kids and am just wondering how much jail time I'm going to get?

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Brucar & Yetter, P.C.
Brucar & Yetter, P.C. | Wayne Brucar
Much depends on the facts and circumstances and how you are ultimately charged, eg., would this be your second or third conviction. In general, the sentencing scheme works like this: Second Conviction Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration. If committed with a BAC of .16 or more - In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250. If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000). If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000) - In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children. Third Conviction (Aggravated DUI) Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration. If committed with BAC of .16 or more - In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500. If committed while transporting a child under age 16 - In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children. An additional consideration is whether you were driving on a revoked license. If so, it would enhance your difficulties. All this being said, there is much to do to mitigate your sentence. You should contact a local attorney immediately.
Answer Applies to: Illinois
Replied: 8/1/2011
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