Martin & Kent, L.L.C. Martin & Kent, L.L.C.

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Will I Go to Jail for a DUI?

In Illinois, it is possible for you to be charged with DUI if law enforcement determines that your blood alcohol content is above .08, which can be reached by drinking two standard sized alcoholic beverages within one hour. If you have been pulled over for driving under the influence, and an officer asks you to take a breath test, this reading will typically determine whether or not you are over the legal limit.

Jail Time Differs For Each DUI Charge

If you are facing court for a recent DUI charge, you may be wondering what this means. In a large part, how a DUI case is prosecuted in the courts depends on your previous driving history, the details in the arrest, and the likelihood for rehabilitation. These factors would determine the minimum amount of time that you would have to spend in jail before being released, and may also affect any fines, community service, or probation that you will have to serve as well.

The minimum jail times for DUI convictions in Illinois are:

  • No minimum for a first time DUI
  • 5 days in jail or 240 hours of community service for a second conviction
  • No minimum jail time but sentencing as an aggravated DUI

A DUI will stay on your record and can be counted against you in other DUI convictions for five years. If you have not received a DUI in that time, then any subsequent DUI charges will be counted as a first time offense.

While a first time offense will likely not result in jail time, having other DUI convictions on your record may result in time behind bars. For any DUI charge, it is highly suggested that you consult with a DUI defense lawyer. An attorney may be able to work to eliminate charges you may have against you and ensure that you do not receive jail time in your conviction.

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