Disclaimer: Each case is unique and has a distinct set of facts. Legal results are highly dependent upon the facts of each case and the applicable law to those facts. A favorable result for one client does not mean that the same result(s) can or will be obtained for you. This material is based upon the typical DUI stop which does not involve an accident or any other allegedly unlawful activity. This is general information and not professional advice from an attorney, which can only be made after you engage the services of an attorney and all the relevant facts of your case are made known to the attorney . The material and opinions given here are not a guaranty, warranty, or promise that a favorable result regarding your case will be achieved.
The Illinois DUI law has harsh penalties regarding license revocation periods and criminal punishment. This outline describes the two ramifications of conviction of DUI. Part I describes the effect on a person’s driver’s license, and Part II describes potential criminal penalties. These ramifications are serious, and the Illinois DUI law is stacked against you. If you are charged with DUI, you have reason to be concerned. You also have reason to be encouraged – our job is to eliminate or substantially reduce your penalties.
You are a first offender for driver’s license purposes if you have not been convicted or assigned supervision for DUI for five years before the date of the current alleged offense (or, if arrested within five past years, you took the breath test, went to trial, and were found not guilty).
You are a first offender for criminal penalty purposes only if you have never been convicted of or assigned supervision for DUI.
First Offender – License Ramifications:
Conviction of DUI
If you are convicted of DUI (as opposed to receiving court supervision or being found not guilty), your license will be revoked after the suspension. 625 ILCS 5/11-501.01 states that the SOS “shall revoke the driving privileges of any person convicted,” so the MDDP is revoked once the license is revoked. See also 625 ILCS 5/6-206 (a)(1).
Second & Subsequent Offender (Arrest within past five years for DUI resulting in a conviction or supervision).
First Offender – Criminal Sentencing
Your ability to legally drive a vehicle is not the only consequence of being convicted of DUI. Serious sentencing ramifications also apply:
First Offense (Class A misdemeanor)
Second Offense (Class A misdemeanor):
Third Offense – Class 2 Felony
Fourth Offense – Class 2 Felony
Fifth Offense – Class 1 Felony
Sixth Offense – Class X Felony