What Counts as Multiple DUI in Chicago?
A multiple DUI charge can involve any of the following offenses (besides a Second DUI, which is a separate offense):
- A Third DUI
- A Fourth DUI
- A Fifth DUI
- A Sixth or Subsequent DUI
Each of these is a Class 2 felony, except for a fifth DUI which is a Class 1 felony and a sixth or subsequent DUI is a Class X felony. In Illinois, DUI convictions accumulate over a lifetime and are not subject to any time limit or “look-back” expiration.
When you are facing something as serious as multiple DUI offenses in Chicago, you should not delay in retaining aggressive legal defense. To take advantage of our unique qualifications, that includes having a former cop and former prosecutors on the team, call our Chicago multiple offenses DUI lawyer today at (314) 900-HELP.
Why Multiple DUIs are More Complex to Defend in Chicago
Multiple DUI cases are complex in Chicago, as they rest upon:
- Prior convictions: Not only does the state have to prove that the DUI occurred, but they must show certified records of prior DUI convictions.
- Enhanced legal standards: Charged as felonies in Illinois, multiple DUIs mean stricter sentencing, felony court procedures and aggressive prosecution strategies.
- Expanded evidence review: Multiple jurisdictions and records can be involved including prior court judgements, Secretary of State driving abstracts, old police reports and sentencing orders and out-of-county or out-of-state convictions.
- Technical legal challenges: Technical legal challenges in your case can include whether prior convictions are valid and properly certified, whether the state can accurately link you to prior DUI convictions through court records, fingerprints and personal identifying information and whether your constitutional rights were violated in this case or in prior cases.
- Stronger prosecutorial approach: More resources are invested in Chicago multiple DUI offense cases as you are now labeled a habitual or high-risk offender. This increases the litigation intensity and reduces your negotiation flexibility.
With such a complex and high-stakes case before you, it is imperative that you retain the services of a DUI defense attorney who understands how multiple DUI cases are built and how to defend you from these serious charges.
Penalties for Multiple DUI Convictions in Chicago
Penalties are enhanced for multiple DUIs and include the following:
- For a Third DUI: You are facing a Class 2 felony, which comes with a 3-7 year prison sentence and an up to 10 year license revocation.
- For a Fourth DUI: You are facing a Class 2 felony, which comes with a 3-7 year prison sentence and the possibility of a lifetime driver’s license revocation.
- For a Fifth DUI: You are facing a Class 1 felony, which comes with 4-15 years in prison.
- For a Sixth or Subsequent DUI: You are facing a Class X felony, which comes with 6-30 years in prison.
Because penalties escalate with each additional conviction, it is critical to understand your legal options and it is recommended you speak with a Chicago DUI defense lawyer as soon as possible.
Aggravating Factors That Increase Penalties in a Chicago Multiple DUI Case
In addition to the penalties associated with the number of prior DUI convictions, you can face additional penalties if any aggravating factors are involved in your case.
- High Blood Alcohol Content (0.16% or higher)
- DUI Involving an Accident
- Bodily Harm or Injury
- Presence of a Minor in a Vehicle
- Driving on a Suspended or Revoked License
- Refusal to Submit to Chemical Testing
- Reckless Driving
Aggravating factors can result in longer prison sentences, upgraded charges, longer license revocation periods, eliminated plea deal options, inability for alternative sentencing and increased fines. You should speak with a Chicago DUI defense attorney immediately if there are aggravating factors present in your multiple offense DUI case.
Can Multiple DUI Charges be Dismissed or Reduced in Chicago?
While a multiple DUI offense case makes obtaining a charge dismissal or reduction more difficult, it can still be possible, when certain issues exist.
These issues include:
- You were illegally stopped or arrested
- You were subjected to improper field sobriety tests
- Your tests are inaccurate due to errors in the breath/blood/chemical tests
- You did not show sufficient signs of impairment
- Your constitutional rights were violated
- Your prior conviction records are inaccurate
As to a charge reduction, this will depend upon factors such as the strength of the state’s evidence, your prior criminal history, whether aggravating factors are present or not in your case and the prosecution’s willingness to negotiate. When you speak with our team at Combs Waterkotte, we will immediately be able to evaluate your case and determine if a charge dismissal or reduction might be warranted.
The Court Process for Felony DUI Charges in Chicago
Our legal team is prepared to guide you through your criminal court case, each step of the way. Following an arrest for a multiple offense DUI in Chicago, you can expect the following process:
- Arraignment: This is the initial court appearance where formal charges are filed. You are also able to enter your “Not Guilty” plea at this time.
- Pre-Trial Hearing: This is when your defense team conferences with the prosecutors and negotiate plea bargains or file motions.
- Statutory Summary Suspension Hearing: Separate from your criminal court case, this civil process will allow you to challenge the automatic suspension of your driver’s license.
- Trial: This is where a judge/jury will hear testimony, cross-examination of witnesses and hear all of the evidence against you, resulting in a final verdict being given.
- Sentencing: If you are found guilty, a mandatory sentencing hearing will take place. It is here that your prison sentence, fines and whether your license is permanently revoked would be decided.
We understand that this process can seem both scary and overwhelming, and we are here to give you confidence and peace of mind as you navigate the nuances of your case ahead.
License Consequences for Chicago Multiple DUI Offenders
Following a multiple DUI offense charge in Chicago, you can face severe drivers license implications.
- Extended statutory summary suspension or revocation period
- Mandatory 10 year revocation for repeat offenses
- Lifetime revocation eligibility
- Restricted Driving Permit (RDP) requirements
- Ignition Interlock Device (BAIID) requirements
- A lengthy reinstatement process
- Denial of full driving privileges for years or permanently
Because your driving privileges can affect your ability to work, support your family and your daily responsibilities, it is critical to get a Chicago DUI defense lawyer in your corner– not only for your criminal case, but also for your drivers license reinstatement process.
