The Penalties for Illinois DUI Laws and Arrests in 2011 Have Increased Again

by Donald John Ramsell on Jan. 05, 2011

Criminal Criminal  DUI-DWI 

Summary: The following Illinois DUI Sentences Guide is helpful, but caution should be employed. Consult with a knowledgeable Illinois DUI Attorney such as Ramsell and Associates, LLC to determine which DUI law applies to a particular DUI case.

2011 Illinois DUI Sentencing Guide

First Offense

 

  • Class A Misdemeanor
  • Court Supervision up to 2 years
  • DUI Tech Fee $750.00 (P.A. Act 96-1342 eff. 1-1-11)
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Fines of $0-$2,500.00
  • BAC > .16 or greater
      • Mandatory 100 hours community service
      • Mandatory Minimum fine of $500.00
  • Passenger <  under 16 years old
      • Subject to 6 months jail or 25 days community service in a program benefitting children 
      • Subject to mandatory minimum $1000 fine and 25 days community service in a program benefitting children
      • Up to maximum fine of $2,500.00
      • If Bodily Harm to Passenger under 16,
        • Class 4 felony, min $2,500.00 to max $25,000.00 plus 25 days community service in a program benefitting children and
        • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If suspended, revoked, or no license or no insurance, then
      • Class 4 felony 1-3 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If driving School Bus with pass < 18, Class 4 felony
  • If driving in a school zone with limit of 20 mph in effect and accident with bodily harm other than great bodily harm, permanent disability or disfigurement
      • Class 4 felony 1-3 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If prior Reckless Homicide
      • Class 3 felony non-probationable 2-5 years imprisonment
  • If Great bodily harm, permanent disability or disfigurement
      • Class 4 felony 1-12 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)] and
      • Minimum fine $2,500.00

Second Offense

  • Class A Misdemeanor
  • No Court Supervision – Mandatory Conviction
  • Revocation of Driving Privileges
  • Mandatory 5 days jail or 240 hours community service
  • DUI technology Fee of $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Fines of up to $2,500.00
  • If 2d DUI and prior reckless homicide, then Class 3 felony non-probationable 2-5 years imprisonment
  • If BAC >.16
      • Add additional 2 days jail to above penalties
      • Mandatory minimum fine of $1250.00
  • If Passenger < 16 years old
      • Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I) and
      • min $2500.00 plus 25 days community service in a program benefitting children §11-501(d)(1)(K) and (I) and
      • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
      • If Bodily Harm to Passenger under 16,
        • Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I), and
        • min $5000.00 to max $25,000.00
        • plus 25 days community service in a program benefitting children and
        • Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
  • If Great bodily harm, disability or disfigurement to any person
      • Class 4 felony, from probation to 1-12 years imprisonment
      • Minimum fine of $5000.00 plus 25 days community service in a program benefitting children (any bodily harm per 11-501(d)(1)(K and I)
      • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3) 
  • If suspended, revoked, , or no insurance, then
      • Class 4 felony 1-3 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
  • If prior Reckless Homicide, or prior DUI resulting in death, then
      • Class 3 felony non-probationable 2-5 years
  • If accident with great bodily harm
      • Class 4 felony 1-3 years imprisonment or
      • Probation up to 30 months and
      • Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
      • Minimum fine $5,000.00

Third Offense

  • Class 2 Felony
  • 3-7 years imprisonment or
  • Probation up to 48 months, and
  • Mandatory minimum 10 days jail or 480 hours community service
  • DUI Tech fee $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Fines up to max $25,000.00
  • If BAC > .16
      • Mandatory 90 days jail and
      • Mandatory minimum fine of $2500.00
  • If passenger < 16 years old
      • Mandatory minimum fine of $25,000.00 and
      • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
      • Class 2 felony, from 480 community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement; if any jail then must be minimum 1 year)

Fourth Offense

  • Class 2 Felony non-probationable
  • 3-7 years imprisonment and
  • DUI Tech fee $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Maximum fine of $25,000.00
  • If BAC > .16
      • Mandatory Minimum fine is $5,000.00
  • If passenger < 16 years old
      • Minimum fine $25,000.00 and
      • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
      • Class 2 felony, from 480 hrs. community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement)

Fifth Offense

  • Class 1 Felony non-probationable
  • 4-15 years imprisonment and
  • DUI Tech fee $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Maximum fine of $25,000.00
  • If BAC > .16
      • Mandatory Minimum fine is $5,000.00
  • If passenger < 16 years old
      • Minimum fine $25,000.00 and
      • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
      • Class 2 felony, from 480 hrs. community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement)


Sixth Offense

  • Class X Felony non-probationable
  • 6-30 years imprisonment and
  • DUI Tech fee $1,000.00
  • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17)
  • Maximum fine of $25,000.00
  • If BAC > .16
      • Mandatory Minimum fine is $5,000.00
  • If passenger < 16 years old
      • Minimum fine $25,000.00 and
      • Mandatory 25 days community service in a program benefitting children
  • If Great bodily harm, disability or disfigurement
      • Class 2 felony, from 480 hrs. community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement)

DUI Death

  • If violation of DUI proximately causes death to another
      • Class 2 felony
      • Minimum is probation, or 3-14 years for one death
      • Minimum probation to 6-28 years for 2 or more deaths

§  Judge must find extraordinary circumstances to award probation

 Copyright Donald J. Ramsell 2011. No reproduction or copying authorized unless attribution to Donald Ramsell is included, and a link to this page is also included.

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