Second Offense DUI in Illinois

A second-offense DUI, short for "Driving Under the Influence", in Illinois is an impaired driving offense that follows a prior offense/conviction. Compared to a first DUI, the state considers a second DUI a more serious offense and imposes increased penalties to deter repeat offenses and foster public safety (as evidenced by the history of Illinois DUI laws). Penalties for a second DUI in Illinois may range from fines to time behind bars, mandatory education programs, community service, and license suspensions/revocations, the severity of which depends on the offense degree or circumstances.

Is a 2nd DUI a Felony in Illinois?

No. Per 625 ILCS 5/11-501, Illinois legally considers a person to be "under the influence" if they:

• Have a BAC (blood-alcohol content) of. 08% or more
• Have a THC (tetrahydrocannabinol (cannabis) concentration) of five nanograms or greater per milliliter of whole blood, or 10 nanograms or greater per milliliter of other bodily substance
• Have used any other controlled substance, or
• Are impaired by medication

A person caught for the second time under the above conditions is charged with a Class A misdemeanor unless aggravating factors—like an injury or death—exist. In the presence of such factors, the offender's charge may be elevated to a felony (otherwise called "Aggravated DUI").

What is the Lookback Period for a Second DUI in Illinois?

Illinois has no lookback period for DUI convictions. The "lookback period" (sometimes called "washout period") is a fixed time frame within which a subsequent DUI offense may be treated as a repeat offense or a new incident.

The lookback period influences the gravity or severity of an offender's punishment, with stricter sanctions/penalties typically applied for repeat offenses. However, as Illinois has no lookback period for DUI convictions, a prior DUI may be considered for criminal sentencing even years or decades after the crime.

Nonetheless, the state has a lookback period for second DUI offenses as regards the suspension or revocation of a person's driving privileges.

What are Aggravating Factors in a Second DUI?

Aggravating factors (730 ILCS 5/5-5-3.2) are conditions that, if found to be present at the time of an arrest or offense, result in harsher sentencing for the offender. In a second DUI case, the following are considered aggravating factors in Illinois:

• Excessively high BAC (.16% or greater)
• Child under 16 in the car
  • The offense occurred while transporting a child under 16 years old
  • The offense occurred while transporting a child under 16 years old and involved a crash that caused bodily harm to the child
• Driving the wrong way on a one-way road
• Death of any individual (may be charged as reckless homicide)
• Offense results in significant bodily harm, permanent disability, or disfigurement of any individual
• Driving with a suspended or revoked license
• Driving without a valid driver's license or permit
• Driving without vehicle liability insurance

What Happens If You Get a 2nd DUI in Illinois

Absent any aggravating factors, a driver's second DUI in Illinois carries these penalties:

• Mandatory minimum incarceration sentence of five days or 240 hours of community service
• Possible imprisonment of up to 1 year
• Fines of up to $2,500
• Suspension of vehicle registration
• Revocation of driving privileges for at least five years for a second conviction within 20 years

Additional Penalties for Aggravating Circumstances

How Long Does a Second DUI Stay On Your Record in Illinois?

Any DUI conviction in Illinois, including a second DUI, is a permanent part of a person's driving record. In the same way, a DUI conviction on someone's public criminal record cannot be sealed (restricted from public access) or expunged (physically destroyed).

However, individuals who were arrested for a DUI but never charged, who won their DUI case via an acquittal or dismissal, or who obtained a pardon from the governor may seek record sealing or expungement, thereby sidestepping the adverse consequences of the record (e.g., limited housing or employment opportunities).

How Much Does a Second DUI Cost in Illinois

Second DUIs carry hefty financial repercussions in Illinois. Beyond mandatory fines, total expenses can vary significantly based on the specific DUI class, aggravating circumstances, and the location of the offense.

According to the Illinois Secretary of State, a DUI conviction can average $18,130 in expenses, which includes high-risk insurance, court costs, lost income, Breath Alcohol Ignition Interlock Device (BAIID) installation, and license reinstatement. Additional costs for medical treatment, compensatory damages, civil legal fees, and substance abuse programs may also substantially add to the total, potentially making it far greater than estimated.

Chances of Going to Jail for a Second DUI in Illinois

A second DUI conviction in Illinois carries a minimum mandatory jail sentence of five days, though community service may be permitted instead. The maximum imprisonment sentence for a Class A misdemeanor DUI is 12 months. However, Illinois courts can impose longer sentences if there are aggravating factors or the offense is upgraded to a felony.

Driver's License Suspension for a Second DUI in Illinois

A second DUI results in driving privilege suspension or revocation in Illinois. Failing, refusing, or not completing chemical testing leads to a minimum six-month statutory summary suspension (or automatic suspension). This suspension can be challenged, but it does not stop it from taking effect or replace any criminal penalties resulting from a DUI conviction.

A second DUI conviction within 20 years leads to license revocation for at least five years. In addition, the Illinois Secretary of State can administratively revoke licenses where a serious injury or fatality occurs pending a case's adjudication. Further, a person's license may be suspended for six months when they fail or refuse a standardized field sobriety test, or 12 months when the test reveals impairment.

However, hardship or restricted licenses may be available to persons who pose no public or traffic safety risks.

Ignition Interlock Device Requirement

Anyone convicted of a second DUI in Illinois may acquire a Restricted Driving Permit (RDP) from the Illinois Secretary of State, provided they are not ineligible. This permit allows limited driving privileges and is a mandatory step towards full reinstatement of driving privileges after a second or third DUI conviction. For full reinstatement after a second DUI, a person must obtain an RDP, drive only BAIID-equipped vehicles, and install a BAIID on all vehicles registered in their name for five continuous years. The offender bears all associated costs.

Notwithstanding, a court may also require an offender to install a BAIID on their vehicle.

More information about the BAIID program can be obtained by calling the Illinois Secretary of State's BAIID Unit at (217) 524-0660. Residents of Cook, DuPage, Kane, Lake, McHenry, or Will counties can contact the Chicago BAIID Unit at (312) 814-4598.

DUI School and Substance Abuse Treatment

In Illinois, undergoing a professional alcohol and drug evaluation is mandatory before DUI sentencing or the reinstatement of driving privileges by the Secretary of State. Based on the offender's risk classification and recommendation after the assessment, they may need to complete an alcohol/drug remedial education course or a substance abuse treatment program, which may include DUI risk education classes, early intervention, completion of necessary treatments, and ongoing care.

Completing a remedial education program is a prerequisite for full driving privilege reinstatement, regardless of the evaluation's treatment recommendations.

Probation Conditions

Courts in Illinois can impose probation in place of jail time for a second DUI offense, especially where the offense had no aggravating circumstances, the offender cooperated with law enforcement at the time of their arrest, or the offender's first DUI occurred several years ago.

Second DUI offenders on probation in Illinois may face several mandatory conditions, including:

• Completing a DUI education class
• Installing a BAIID on their vehicle
• Maintaining absolute sobriety during the term of probation
• Submitting to random chemical testing
• Committing no other offense during the probation period
• Completing some hours of community service
• Regularly reporting to a probation officer

Community Service Requirements

Judges can impose community service for a second DUI in Illinois as a condition for probation or conditional discharge, or in place of fines or jail time. Under 625 ILCS 5/11-501(c), the court can impose 240 hours for a second DUI conviction charged as a class A misdemeanor, and the hours may be served at a non-profit organization, charity, or court-approved agency.

Impact on Auto Insurance

A second DUI in Illinois significantly raises insurance premiums and may lead to policy cancellations due to insurers' designation of the driver as high-risk. Further, the state requires drivers to maintain high-risk auto insurance for three years and file proof of financial responsibility (SR-22 certificate) to reinstate driving privileges for a DUI conviction. The SOS estimates the cost of high-risk insurance to be $2,000 annually, which can vary depending on the driver's location.

Which Courts Handle DUI Cases in Illinois?

Two distinct agencies are responsible for administering sanctions and penalties for DUI offenses in Illinois: the circuit courts and the Secretary of State's office.

The circuit courts primarily oversee DUI criminal sentencing and penalties. However, some courts establish separate units/divisions that handle DUI cases (for example, the LaSalle County Traffic Court) or oversee specialized programs/interventions for DUI offenders (like the Lake County Specialized DUI Unit and the McHenry County DUI Court).

Below are five circuit courts overseeing Illinois' most populous counties. Due to their high traffic volumes, these counties historically have higher caseloads, including DUI cases:

Cook County Circuit Court - Traffic Division (Main Location)
Richard J. Daley Center
50 West Washington Street
Room 400
Chicago, Illinois 60602
Main (312) 603-2600

DuPage County Circuit Court
DuPage County Courthouse
505 North County Farm Road
Room 2015
Wheaton, IL 60187
Phone: (630) 407-8904

Lake County Circuit Court (Main Courthouse)
18 North County Street
Waukegan, IL 60085
Phone: (847) 377-3600

Will County Circuit Court (Main Courthouse)
100 West Jefferson Street
Joliet, IL 60432
Phone: (815) 727-8592

Kane County Circuit Court (Main Courthouse)
100 West Jefferson Street
Joliet, IL 60432
Phone: (815) 727-8592

Conversely, the Illinois Secretary of State's office oversees the administrative consequences relating to a person's driving privileges, including:

• Revoking or suspending a driver's license
• Enforcing BAIID requirements and monitoring compliance
• Conducting reinstatement hearings
• Ensuring a person's permanent driving record reflects their DUI-related offenses

Below are the Illinois Secretary of State's office locations:

Springfield Office
213 State Capitol
Springfield, IL 62756

Chicago Office
115 South LaSalle Street
Suite 300
Chicago, IL 60603
Phone: (800) 252-8980 (toll-free in Illinois)
Phone: (217) 785-3000 (outside Illinois)

Can You Get a DUI on a Horse in Illinois?

Yes. In Illinois, a person can be charged with a DUI while riding a horse or driving a horse-drawn vehicle/carriage on a roadway. According to 625 ILCS 5/11-206, such individuals are subject to the "same rights and duties applicable to the driver of a vehicle", including being arrested or charged for operating under the influence. In addition to a DUI, the driver may incur additional charges, such as endangerment of an animal.