How Illinois Defines a Second DUI Offense
Driving under the influence is “driving or being in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination of both.” If you already have a prior DUI-related conviction on your criminal record and you are pulled over for driving under the influence again, you will be facing a second DUI offense in Chicago.
You can also be charged with a second DUI offense if you have a prior DUI conviction from another state. This charge will trigger enhanced penalties, due to your prior conviction, from a longer license revocation to the increased likelihood of jail time or extended supervision.
If you are facing the heightened penalties of a second DUI offense in Chicago, you need legal representation by your side immediately. To speak with our Chicago DUI defense lawyers, call our office now at (314) 900-HELP.
How Chicago Prosecutors Prove a Repeat DUI Charge
A prosecutor will have to show that you were driving under the influence, beyond a reasonable doubt, and that certified records show that you have a prior DUI conviction. They will look back over a 20 year period and use the following to prove that this is a subsequent offense:
- Certified Driving Abstract from the Illinois Secretary of State
- Certified Judgment of Conviction from the court where the previous conviction occurred
Our DUI defense lawyers may be able to fight these charges by challenging the prior records and getting evidence suppressed.
Penalties for a Second DUI in Chicago
Usually a Class A misdemeanor in the state of Illinois, a second DUI comes with some mandatory penalties that include:
- At least 5 days in jail (and up to 364 days in jail) or 240 hours of community service
- Fines up to $2,500
- A license suspension that lasts 1-3 years and which often requires the installation of an Ignition Interlock Device (BAIID)
You cannot receive court supervision for a second conviction, in lieu of jail time. Additionally, your second DUI charge could be enhanced to a felony if aggravating factors are present in your case.
Aggravating Factors That can Increase Second DUI Penalties
Aggravating factors that can result in you facing additional penalties include:
- High Blood Alcohol Concentration (BAC)
- DUI Involving an Accident
- Presence of a Minor in the Vehicle
- Bodily Harm or Injury
- DUI Causing Death
- Refusal to Submit to Chemical Testing
- Driving on a Suspended or Revoked License
- Reckless Driving
These factors can result in longer jail time, longer license revocation, an enhanced felony charge and less favorable plea options. Because aggravating factors can significantly increase your penalties and limit your defense options, it is critical to have our Chicago DUI defense lawyer evaluate your case as soon as possible.
How Police Build a Second DUI Case in Chicago
In Chicago, law enforcement may attempt to build a second DUI case by:
- Reason for the initial traffic stop (speeding, lane violation, equipment issues)
- Observations before testing (slurred speech, bloodshot eyes, odor of alcohol, balance issue or admissions statements)
- Using body-worn and dashcam footage
- Officer testimony
- Mandatory chemical tests
- Field sobriety tests
- Laboratory analysis and chain-of-custody documentation
- Reviewing records within a 20 year “look-back” period
- Officer reports and post-arrest documentation
With second DUI cases being built from multiple different forms of evidence, you should make sure a Chicago DUI defense lawyer reviews the police investigation for errors, inconsistencies or constitutional issues.
Common Defense Strategies in a Chicago Second DUI Case
Depending on the details surrounding your second DUI charge, the following defenses may be able to be applied to your case:
- Illegal traffic stop
- Improper field sobriety tests
- Breathalyzer/chemical test errors
- No actual impairment
- Chain of custody/ evidence handling issues
- Improper officer observations
- Invalid prior DUI
- Violation of your constitutional rights
- Medical or alternative explanations
At Combs Waterkotte, we build defense strategies tailored to the specific parts of your case. The sooner you contact us, the sooner we can evaluate the evidence, identify weaknesses in the prosecution’s case, and take decisive steps to challenge their arguments and protect your rights.
Can a Second DUI be Reduced or Dismissed?
When your case involves elements such as an illegal stop or arrest, problems with chemical testing, weak evidence of impairment, field sobriety issues or constitutional violations, we may be able to get your charges reduced or dismissed.
Even if dismissal isn’t possible, it can sometimes be negotiated down, depending on:
- The strength of the evidence against you
- Your prior record
- The prosecutor’s discretion
- The presence of any aggravating factors
We will thoroughly evaluate your case to see if any motions to suppress can be filed, which could lead to your charges being reduced or dismissed. Because second DUI charges are generally treated very seriously in Illinois, and your reduction or dismissal options may be limited as a result, it is important to speak with a DUI defense lawyer today to protect your rights and begin building a strategic defense as early as possible.
