A second DUI in Illinois

The mandatory minimum on a second violation is either five days of imprisonment or 240 hours of community service, in addition to any other sanction. At 0.16 or more it becomes two days of imprisonment plus a mandatory minimum fine of $1,250 — note that the days go down and the money goes up, which surprises people who expect the reading to add jail.

Start from what the statute forces and what it leaves to the judge. The floor here is mandatory minimum 5 days, or 240 hours of community service, and it moves on the facts: a reading of 0.16 or more means mandatory service, days and money at every level. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Class A misdemeanor: mandatory minimum 5 days, or 240 hours of community service, and a fine of mandatory minimum $1,250 at 0.16 or above. The range is set by 625 ILCS 5/11-501(c)(2), (c)(5), and the figures on this page come from the statute rather than from a summary of it.

A reading of 0.16 or more — mandatory service, days and money at every level.

Illinois gives a first-time offender the Monitoring Device Driving Permit, which lets you drive without limits during the statutory summary suspension on one condition: a certified BAIID in the vehicle. The device blocks the engine at 0.025% and carries a camera that photographs whoever is blowing. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Illinois Secretary of State, BAIID Division.