Third 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 third 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 third offense.
Illinois Third time DUI
- Under 625 ILCS 5/11-501 (1)any person convicted of dui a third time in Illinois or under a “similar” provision in a different State SHALL be guilty of an aggravated DUI.
- Class 2 felony – punishable by 3-7 years in the department of corrections (prison)
- Offense is probation eligible but is not supervision eligible.
- If the blood, breath, or urine test result is over a .16, the mandatory minimum jail sentence is 90 days consecutive, with no day for day credit.
- 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.
- Mandatory minimum fine of $2,500.00 plus any additional fines + court costs if over a .16 BAC based on blood, breath, or urine test.
- 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. Must complete DUI treatment, request a reinstatement hearing, and then wait 8-12 weeks for the hearing result. Any MDDP/BAIID permit in effect at the time of the conviction is superseded by a revocation and cancelled. For most individuals this means that there is an uninterrupted time after the notice of revocation is mailed (21-45 days), where they cannot drive again unless a successful reinstatement hearing has occurred. Best case scenario that is 3-6 weeks for a hearing to be scheduled, and then an additional 8-12 weeks for the hearing result to be decided and that means that ALL DUI based treatment has been finished so there are no delays in scheduling and participating in a reinstatement hearing. As most people in this classification will be deemed high risk they will also generally have to have been sober for a period of at least 12 months, and have the added burden to produce affidavits for witnesses that can attest to their sobriety and compliance with an ongoing treatment program.
**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 third 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 email@example.com.
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!