Third DUI

Illinois law is strict when it comes to penalizing DUIs. However, the state does give offenders some chances to turn their lives around, especially if they have been convicted one or two times. After these initial convictions, though, penalties in Illinois tend to be severe. If you’ve been charged with a third DUI, you could be facing jail time and the loss of your driving privileges. With such potential consequences on the horizon, it’s important not to take a third-time DUI in Illinois lightly.

An experienced Illinois DUI attorney from Wolfe & Stec, Ltd. can fight to protect your rights and your future. When you trust us with your DUI case, you can rest assured that we are committed to safeguarding your best interests every step of the way.

Penalties for a Third DUI in Illinois

Why You Need an Illinois DUI Lawyer

DUI penalties in Illinois are primarily based on how many previous convictions you’ve had in the past 20 years. Thus, if you are being charged with a third DUI in Illinois, this means that you have had two previous convictions within that period. Arrests are not counted toward that number unless they result in conviction.

Perhaps the most notable difference between a third-time DUI and other DUI charges is that the latter charges are misdemeanors, while a third-time charge is a felony. Felony charges can potentially result in prison sentences and impact your ability to vote and own a firearm. It can also be more difficult for you to get a job, a loan, or an apartment if you have a felony on your record.

According to Illinois DUI laws, if you are convicted of a third-time DUI, you can face the following penalties:

• At least 10 days in jail or 480 hours of community service
• At least 90 days in jail if your blood alcohol concentration (BAC) was 0.16% or higher
• Up to seven years in prison or 14 years if there are aggravating factors
• Up to $25,000 fine
• A minimum $2,500 fine if your BAC was 0.16% or higher
• A minimum $25,000 fine if a passenger in the vehicle was 15 or younger
• License revocation for ten years.

Furthermore, at the end of the ten-year license revocation, you may need to spend five years with a restricted license before getting your driving rights fully restored. While you have a restricted license, you may also need to install an ignition interlock device (IID) in your vehicle and will be permitted to drive only that vehicle. Driving another vehicle or doing anything to get around these restrictions, such as having someone else blow into the breathalyzer, can result in your license getting revoked again.

Aggravating Factors

You can suffer even worse penalties if you are convicted of a third-time DUI in Illinois with aggravating factors. Some common examples of aggravating factors are:

• Transporting an underage passenger
• Causing an accident
• Causing the injury or death of another person
• Having a BAC of 0.16% or higher.

Nearly all aggravating factors can turn a DUI charge into a felony if it is not already a felony charge. These factors can also add thousands of dollars to any fines you pay and years to any prison sentence. This makes it critical to hire an experienced criminal defense attorney in Illinois if you are facing third DUI charges.

Illinois imposes harsh penalties on those who are facing a third DUI within the past 20 years. If you’ve been charged with a third DUI, you could be facing decades in prison. The attorneys at Wolfe & Stec, Ltd. can fight to obtain the best possible outcome for your case. Call us at 630-305-0222 today.

Why Choose Us?

DUI Attorneys Who Understand Your Stakes

A third-time DUI can present a unique situation. While you may be familiar with the criminal justice system due to prior convictions, this may be the first time that you have ever faced a felony charge. This means that the stakes are significantly increased from the last two times you were in a similar situation.

At Wolfe & Stec, Ltd., we understand how much more intimidating it can be when you are dealing with felony charges instead of misdemeanor charges. Our DUI lawyers are sympathetic to your situation and want you to feel like you have as much control as possible over your future. We can guide you through every step of the process and explain your rights and options as clearly as possible. Our attorneys continue to provide clear communication as the process plays out in hearings and potentially in the courtroom.

Whether your best option is to negotiate a plea agreement or to fight to get your charges dismissed, we always consider all potential options to secure the best outcome for you. Our DUI defense attorneys are both seasoned negotiators and litigators and will not shy away from advocating for you in court if necessary. We have a proven track record of success in protecting our clients’ futures, and we are committed to leveraging our creativity, determination, and resources to benefit you if you’ve been charged with a third DUI in Illinois.

Frequently Asked Questions

When you are facing any type of felony charges, you may have many questions. The better you understand your options and rights, the more likely you are to get good results. The following are answers to some of the most common questions we receive from clients.

Will I lose my right to vote if I am convicted of a felony?

You can lose your right to vote while you are in jail or prison. Once you are released, your right to vote will typically be reinstated. However, you will need to re-register before you can vote.

Is there any way I can keep my license if I am convicted of a DUI?

If you are convicted of a third DUI, your license will be revoked for 10 years. However, we may be able to negotiate a plea deal where you plead guilty to alternate charges, thus allowing you to keep your license.

How can I avoid prison time if I am convicted of a DUI in Illinois?

Often, the best way to avoid prison time is to make a plea agreement for probation instead of jail or prison. You may need to serve 480 hours of community service with this agreement, and you can still face prison if you break your probation terms.

What happens if I refuse a breathalyzer test?

If you refuse a breathalyzer test, your license may be suspended for at least three years. This is the case even if you are not convicted of a third-time DUI.

Do you have more questions? We will be glad to answer them during your free case evaluation.

Contact Wolfe & Stec, Ltd. for Premier DUI Defense Today

A third DUI conviction can have devastating results. But the seasoned team at Wolfe & Stec, Ltd. understands what’s at stake and can help you effectively fight back.

Don’t wait to start safeguarding your future after being charged with a DUI in Illinois. Contact us at 630-305-0222 to discuss your legal options now.