Second DUI Charge in Will County
A second DUI in Illinois carries a mandatory minimum of either 5 days in jail or 240 hours of community service. The Secretary of State also revokes your license, and if the two offenses fall within 20 years, you can't apply for a new one until 5 years after the revocation takes effect. Court supervision is no longer an option once you have a prior DUI.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What counts as a second DUI
The law counts more than your Illinois record. A prior violation includes a local ordinance offense, a DUI from another state, and an offense on a military installation that is similar to Illinois DUI. The prosecutor proves a prior with an official copy of your driving abstract.
The sentencing rule for a second DUI in the statute does not state a time limit. The Secretary of State uses a 20 year window for one of its revocation rules, which we explain below.
Court supervision matters for another reason. The law bars supervision for a person who was earlier convicted of DUI or earlier given supervision for DUI, so a second charge can't end that way.
Mandatory sentence for a second DUI
A second violation is still a Class A misdemeanor unless something makes it a felony. What changes is the floor. The judge must impose a minimum, and the statute says the court may not suspend or reduce a mandatory term of jail or community service.
| Situation | Minimum the statute requires |
|---|---|
| Second DUI | 5 days in jail or 240 hours of community service, plus any other penalty |
| Second DUI with alcohol concentration of 0.16 or more | At least 2 days in jail and a $1,250 minimum fine |
| Second DUI while carrying a passenger under 16 | Class 2 felony, a $2,500 mandatory fine and 25 days of community service in a program that benefits children |
The fine and jail limits for a Class A misdemeanor still apply, so the maximum is a term of less than one year and a fine of up to $2,500, unless the statute sets a higher amount. The minimum is the part you can't negotiate away at sentencing.
License revocation after a second DUI
This is where a second DUI hurts most. The Secretary of State revokes your license on conviction. Two rules then control when you can ask for it back.
- The 20 year rule. If you are convicted of a second DUI within a 20 year period, you may not apply for a license until 5 years after the effective date of the most recent revocation. The 20 years is counted from the offense dates.
- The interlock rule. For a second or later DUI, you first have to be issued a restricted driving permit. Then you need 5 continuous years with that permit, during which it isn't suspended, cancelled or revoked for breaking the law or the ignition interlock rules.
A restricted driving permit for this group requires an ignition interlock device on every vehicle you drive. The Secretary of State also requires interlock devices for not less than 5 years on all vehicles you own after a second or later conviction. You pay the Secretary of State up to $30 a month for each month you use a device, plus the device provider's own charges.
Details on getting driving privileges during a revocation are on our restricted driving permit page.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
The summary suspension on a second arrest
A second arrest also starts a separate suspension. It begins on day 46 after you get notice. Because you are not a first offender, the lengths are longer. If you took the test and it showed 0.08 or more, the suspension is one year. A first offender would get 6 months.
Not being a first offender has another cost. The Monitoring Device Driving Permit is only for first offenders under the statute, so you can't use it to drive during this suspension. You still have the right to challenge the suspension in court. See the petition to rescind page for the deadline.
What happens next
- Get your paperwork together. Bring the ticket, the suspension notice, and any papers from your earlier DUI case.
- Count your deadlines. The suspension starts on day 46, and the petition to challenge it must be filed within 90 days of the notice.
- Court in Joliet. Your first date is at the Will County Courthouse, 100 W Jefferson St, if you were arrested in Will County.
- Check the prior. Jeff reviews whether the earlier case counts under the law, including any out of state record.
- Review the evidence. The stop, the field tests and the chemical test get the same review as in any DUI case.
- Plan the outcome. You decide with Jeff between negotiating, motions and trial, knowing the minimum that applies.
How Jeff defends this charge
- Tests whether the earlier case really qualifies as a prior, including how an out of state case lines up with Illinois law.
- Reviews the traffic stop and the arrest for legal problems.
- Checks the breath or blood test and the paperwork around it.
- Talks through how the mandatory minimum can be met, since the statute lists jail or community service.
- Files the challenge to the license suspension on time.
- Explains the interlock and permit steps so you plan work and family driving.
Jeff can't promise an outcome. He can tell you what the law requires in your case.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about second dui
Short answers first. Jeff McCarthy reviews every answer on this page.
The mandatory minimum is 5 days in jail or 240 hours of community service. A fine of up to $2,500 and a jail term under one year are possible for the misdemeanor, and your license is revoked.
Usually no. A second DUI is a Class A misdemeanor unless added facts apply, such as a passenger under 16, a serious crash, or no valid license.
If the two offenses are within 20 years, you can't apply for a license until 5 years after the most recent revocation takes effect. You also need a restricted permit with an interlock device first.
No. The law bars supervision when you were earlier convicted of DUI or given supervision for DUI.
Yes. The Secretary of State requires interlock devices for not less than 5 years on all vehicles you own after a second or later conviction.
Yes. A similar DUI from another state counts as a prior in Illinois. Jeff checks whether the other state's law matches Illinois.
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
