WHAT TO EXPECT ON A SECOND DUI

You swore you’d never drink and drive again, but you did it anyway and now you have a second DUI.

What can happen to you? What can you do?

As you might expect, the penalties are greater for a second  DUI. If convicted, you may be sentenced to a mandatory minimum of five days in jail or 240 hours of community service on top of other criminal and secretary of state sanctions. See 625 ILCS 5/11-501(c)(2).  (A first time DUI is a Class A Misdemeanor punishable by up to a year in jail and a $2,500 fine, but actual jail time is rare.)

If you were still serving your sentence on the first DUI when you got your second, the news is even worse. You  may be resentenced on your first DUI as well as being charged with the violation. If you were driving on a revoked or suspended license, you could also be charged with that offense along with its added jail time or community service.

Is your situation hopeless? Not necessarily. Many of the same rules from a first offense still apply. The State must still prove beyond a reasonable doubt that you were both driving and drinking, and that your driving was impaired.

Even if you were driving, did the police have probable cause to stop you? Were you violating any traffic rules. If not, an experienced attorney may ask the court to suppress the evidence from the stop.

Were you impaired? If you refused  the breathalyzer and/or the field sobriety tests or did well on them, the state might have a tougher time proving this was the case. Furthermore, a breathalyzer slightly over the .08 legal limit may not be enough to prove impairment.

If you have questions about your DUI or other criminal or traffic matters, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.