Fifth Time DUI

Fifth Time DUI

At the Law Office of Paul M. Marriett we have the skills and resources to help a motorist charged with a Rockford, or other Illinois based fifth time DUI related offense. An arrest does not need to mean a loss of a job, loss of freedom, or even a loss of driving privileges. A conviction may be able to be avoided. This can save a motorist convicted of a DUI offense, from having their Illinois driving privileges revoked, or having such a revocation passed on to their home licensing state.

This is an overview of the maximum possible penalty, and sentencing issues associated with a Rockford, or other Illinois based fifth offense.

Illinois Fifth time DUI

  • Under 625 ILCS 5/11-501 1 (d) a fifth DUI violation is a class 1 Felony. Punishable by a mandatory prison sentence between 4-15 years in the Illinois Department of Corrections.
  • A mandatory fine of $5,000.00 in addition to other costs and administrative fees if over a .16 BAC in breath, blood, or urine test results.
  • If a minor under the age of 16 was in the vehicle a mandatory fine of $25,000 shall be imposed, as well as 400 hours of public service work to a program benefitting children shall be imposed in addition to any other criminal or administrative sanction.
  • Statutory Summary Suspension generally suspends the driving privileges 6-12 months and the client is often BAIID/RDP eligible to continue driving while the criminal case is pending. Some motorists that have had a prior statutory summary suspension within the preceding five-year period from the second DUI offense date will be BARRED from an MDDP/BAIID permit and will be suspended without relief available 45 days after their arrest. This suspension minimum period is 12 months IF a breath test is obtained and increases to a 36-month suspension if the client refuses the breath, blood, or urine test.
  • Triggers a license revocation at the end of the case. Depending on the prior history, a fifth DUI conviction can lead to a permanent disqualification from ever obtaining a driver’s license in the future.

**Possible amendments. If you hold a CDL/Commercial driver’s license, your license can not only be suspended, but your operating privileges as a professional driver can be revoked, taking away your livelihood. Be aware as with all moving violations under the Illinois Compiled Statutes will result in “points” being assessed against a commercial license. Even a DUI arrest has much harsher consequences for a driver, than a standard DUI arrest would have for a noncommercial driver. In some cases, prosecuting entities will negotiate slightly more leniently for a commercial driver in some specific instances.

If you or a loved one is facing a fifth DUI  and you would like a free, no hassle, detailed consultation about how this kind of a case can impact their rights both in the courtroom, and on the roadway, call or text message the Law Office of Paul M. Marriett at 815-391-0089, or via email 24/7/365 at

Rockford DUI lawyer Paul M. Marriett has handled thousands of criminal defense law cases. We defend the accused against all types of DUI / DWI accusations and charges – experience and results matter – call TODAY for help and a FREE CONSULTATION!


Skip to content