What will happen for my second DUI?

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What will happen for my second DUI?

My first DUI was just over 4 years ago. I did blow and of course my license got suspended. My second DUI was this month. I refused to blow. Will I lose my license for 1 year or 3 years?

Asked on March 20, 2013 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you had a previous offense only 4 years ago, this will indeed be treated as your second offense for sentencing purposes.

The minimum sentence for this charge under IL law is a Class A misdemeanor with possible penalties of:

  • a mandatory minimum of 5 days in jail or 30 days community service (and up to a possible 364 days in jail);
  • fines up to $2500
  • loss of your driver's license for a 12 month minimum, after which you will be eligible for breath alcohol ignition interlock device (BAIID program), which is required for up to an additional 4 years;
  • mandatory alcohol addiction amd/ot treatment programs; and
  • increased auto insurance rates

Refusing to blow can only only make things worse. At this point, you need to consult directly with a DUI attorney in your area.


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