What will happen for my second DUI?

UPDATED: Mar 20, 2013

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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


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

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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