CAN I GO TO JAIL ON A SECOND-TIME DUI?

The answer is yes. But there may be a way out.

In Illinois, a second DUI carries a mandatory minimum of five days in jail OR 240 hours of community service, along with other penalties. A court is more likely to sentence you to jail if you had a high breathalyzer or there were other aggravating factors such as children in the car.  And some judges are stricter than others.

If you are charged with a second-time or greater DUI, contact an experienced attorney immediately.  An attorney can present your case in its  most favorable light.  An attorney can review whether the police had probable cause to stop you, or the state can prove all the elements of a DUI beyond a reasonable doubt.

Should a plea bargain be necessary, an attorney can guide you on voluntarily seeking treatment for any substance abuse issues.  A court or prosecutor often views defendants who take responsibility for their actions more favorably and may be more inclined to offer a lighter sentence.

In addition, an attorney, who is familiar with your judge, may have a better idea on what that judge likes and doesn’t like.  Thus, an attorney can highlight your most persuasive points in the hope of obtaining a more lenient sentence.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference 625 ILCS 5/11-501(c)(2).

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)