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Sentence Enhancements for DUI in Illinois

Illinois has enhances penalties for DUI convictions which include motor vehicle accidents caused by the DUI, if the violator was transporting a person under the age of 16 at the time of the DUI or if the violator refuses to submit to a blood or breath test to determine BAC.

A DUI violation which results in a motor vehicle accident which causes great bodily harm, permanent disability of disfigurement to someone other than the violator can include a jail term not be less than one year and no greater than 12 years.

A DUI violation which results in a vehicle accident which causes death of someone other than the violator in considered an automatic Class 2 felony. If the court finds extraordinary circumstances and the accident resulted in the death of one other person, then the jail term will not be less than 3 years and no greater than 14 years. If the court finds extraordinary circumstances and the accident resulted in the deaths of two or more other people, then jail term can be no less than 6 years and no greater than 28 years

A DUI violation which results in a vehicle accident which causes bodily harm, not great bodily harm to anyone under 16 years old being transported by the violator, includes a mandatory $2500 fine and twenty-five (25) days of community service in a program benefiting children. If the violation results in a vehicle accident which causes bodily harm, not great bodily harm to anyone under 16 years old being transported by the violator then the mandatory fine will be increased to $5000.

If the violator has a prior conviction for violating Section 9-3 of the Criminal Code of 1961 or a similar out-of-state law related to reckless homicide involving alcohol, drugs or both, the judgment will consist of a Class 3 felony which prohibits a sentence of probation or conditional discharge.

If the first DUI violation occurs while transporting a person under 16 years of age, the violator may receive a jail term of up to six (6) months, a mandatory minimum fine of $1000 and twenty-five (25) days of community service in a program benefiting children.

If the second violation occurs when the violator has a BAC of 0.16 or higher, the result will be a mandatory minimum jail term of two (2) days and a mandatory minimum fine of $1250.

If at the time the DUI third charge occurs, the violator was transporting a person under 16 years of age, the mandatory minimum fine increases to $25,000 and twenty-five (25) days of community service in a program benefiting children is also required.

If four or more violations include transporting a person under 16 years of age, the judgment will also include a mandatory minimum fine of $25,000 and twenty-five (25) days of community service in a program benefiting children

If a motorist refuses to submit to a BAC test, the violator’s license will be suspended for one (1) year instead of 180 days.


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