Second DUI Attorney

Getting arrested for DUI is an intensely stressful and uncertain experience. DUI charges also carry a significant social stigma, especially if you’ve been arrested and charged with DUI for the second time. If you’re facing new charges, a second DUI attorney can increase your chances of obtaining a favorable outcome.

No one intends to get arrested for DUI even once — let alone for a second time. But no one gets through life without making any mistakes. When you’re facing the possibility of a second conviction, you owe it to yourself to find an attorney who understands the Illinois court system and is committed to advocating for you.

At Wolfe & Stec, Ltd., we take pride in building strong, individualized defense strategies for each of our clients, and we have the track record to prove it. Don’t give up on your case before it has already begun. Give us a call at 630-305-0222 or get in touch online today.

What Are the Penalties for a Second DUI in Illinois?

Consequences Grow with Each Subsequent DUI

Like many states, Illinois law imposes harsh penalties on those convicted of DUI. These penalties are meant to act as a deterrent for driving under the influence in the future, so they increase with each subsequent offense. Between mandatory minimum sentencing, ignition interlock requirements, fines, and increased penalties for driving under the influence with a minor in the car, a second DUI conviction can have life-altering consequences. Here’s a look at the penalties you may be up against:

Mandatory Minimum Sentencing

If you’re convicted of a second DUI, you face a mandatory minimum sentence of five days in jail or 240 hours of community service.

Additional Penalties for a High BAC

In Illinois, if your BAC is 0.16 or more, you’re subjected to heightened DUI penalties. If you commit a second DUI with a BAC of at least 0.16, there is a mandatory minimum imprisonment term of two days and a mandatory minimum fine of $1,250. This is in addition to the mandatory minimum sentence of five days in jail or 240 hours of community service.

Additional Penalties for Having a Minor in the Car

If you commit a second DUI with a child under 16 in the car, the offense becomes an aggravated DUI and a Class 4 felony. A Class 4 felony is the least serious felony in Illinois, but it still comes with a prison term of one to three years and a fine of up to $25,000.

If you’re involved in an accident and the child is injured, the charge becomes a Class 2 felony, punishable by three to seven years in prison and a fine of up to $25,000. In addition to all other penalties, you’ll face a mandatory $5,000 fine and 25 hours of community service with an organization benefiting children.

Driver’s License Penalties

If your second DUI happens within 20 years of your first, your driver’s license will be revoked for a minimum of five years, and your vehicle registration will be suspended. If being unable to drive creates a significant hardship — for example, it makes it impossible for you to get to work — you may apply for a restricted driving permit (RDP). After you apply, you must attend a hearing, where you typically need to provide proof of the following:

• Your loss of driving privileges creates a hardship.
• You completed a professional alcohol/drug use evaluation.
• You participated in alcohol or drug education or treatment (if deemed necessary in the evaluation).

If you’re granted an RDP, you will need to pay to install and maintain a breath alcohol ignition interlock device (BAIID) on your vehicle. The hearing process can be challenging, and for many people, there’s a lot at stake. An experienced second DUI attorney can help you assemble the documentation needed for a successful hearing.

At Wolfe & Stec, Ltd., we’re here for you post-conviction, too. If you need help requesting an RDP hearing, please call us at 630-305-0222 to set up a free consultation.

FAQ

If you’ve been convicted of a DUI before, you aren’t entirely unfamiliar with the criminal justice system. However, you probably still have some questions. Here are some of the questions we commonly hear.

Can a second DUI lawyer get my charges dismissed?

That depends entirely on the circumstances of your case. Our team will closely examine your case to see if your rights were violated or if there’s evidence of your innocence. We always fight for the best possible outcome for our clients, but if you are convicted, we may be able to convince a judge to give you more lenient penalties.

Is a second DUI a felony?

Usually, no. A second DUI in Illinois is generally a Class A misdemeanor, but if you have a child in the car or cause someone serious injury or death, you may be charged with a felony.

Will I lose my license if I get a second DUI?

If your second DUI is within 20 years of your first, your license will be revoked for five years. A second DUI lawyer can help you apply for a restricted driving permit to help you get to work, take your children to school, and accomplish other essential tasks.

Do I need an ignition interlock after a second DUI?

If you are granted a restricted driving permit, you will need to install a breath alcohol ignition interlock device on your car. You are responsible for the costs of installation, leasing, and maintenance of the device.

We understand that facing criminal charges is difficult in more ways than one, and we’re here for you in this challenging time. Please don’t hesitate to contact us if you have other questions or wish to speak to a lawyer for DUI defense.

Why Choose Us?

The Experience and Dedication You Deserve

Illinois courts are tough on repeat offenders. When you’re looking for an attorney for a second DUI, you need someone who can leverage their experience and professional network to help you achieve the best possible outcome. At Wolfe & Stec, Ltd., our seasoned trial lawyers are dedicated to defending people accused of crimes across the state of Illinois.

Our experience and passion for justice set us apart. We take the time to pore over your case, looking for any weaknesses in the prosecution’s argument. Whenever possible, we use these weaknesses to argue for your charges to be reduced or dismissed.

We understand how the court system works, and even if you’re ultimately convicted, we know how to soften that impact as much as possible. For instance, we often advocate for our clients to do community service instead of jail time and help them obtain limited driving privileges while their licenses are revoked.

No two DUI cases are the same. Before you commit to an attorney, you deserve to know whether that attorney has your best interests at heart. That’s why we offer free consultations to potential clients.

If you’ve been arrested for a second DUI, don’t delay another minute. Having a qualified lawyer after a second DUI is important, but it’s also important to get that lawyer on board as fast as possible. Call Wolfe & Stec, Ltd. at 630-305-0222 to set up a free consultation today.