Sentencing for DUI Based DWLS/DWLR

Mandatory minimum sentences* apply to violations for DUI based DWLS/DWLR cases.

DUI related suspension first time

You can receive court supervision and possibly avoid the minimum sentences upon a conviction.

  1. If the offense occurs while a revocation or suspension is because of a DUI violation, leaving the scene of an accident involving personal injury or death, or reckless homicide, for the first violation, the offender must receive a minimum sentence of 10 days in jail or 30 days community service, if convicted.
    (c ) Except as provided in subsections (c-3) and (c-4), any person convicted of violating this Section shall serve a minimum term of imprisonment of 10 consecutive days or 30 days of community service when the person’s driving privilege was revoked or suspended as a result of:
  1. a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof; or
  2. a violation of paragraph (b) Section 11-401 of this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor vehicle accident involving personal injury or death; or
  3. a statutory summary suspension or revocation under Section 11-501.1 of this Code.
  • A second violation now carries a minimum sentence of 30 days in jail or 300 hours of community service.
    2nd DWLS/R based on DUI
    (d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the original revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or similar out-of-state offense, or a similar provision of local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code.
  • For a third violation, the mandatory minimum sentence is 30 days in jail.
    3rd DWLS/R DUI related
    (d-2) Any person convicted of a third violation of this Section is guilty of a Class 4 felony and must serve a minimum tern of imprisonment of 30 days if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or similar out-of-state offense, or a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code.
  • For a fourth violation, the mandatory minimum sentence is 180 days imprisonment.
    4th DWLS/R based on DUI
    (d-3) Any person convicted of a fourth, fifth, sixth, seventh, eighth, or ninth violation of this Section is guilty of a Class 4 felony and must serve a minimum tern of imprisonment of 180 days if the revocation or suspension was a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a statutory summary suspension or revocation under Section 11-501.1 of this Code.(d-3.5) Any person convicted of a fourth or subsequent violation of this Section is guilty of a Class 1 felony , is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment, and is eligible for an extended term, if the revocation or suspension was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relation to the offense of reckless homicide, or a similar out-of-state offense.
  • Felony enhancement is a possibility on your first offense if you have been caught driving during a DUI based Statutory Summary Suspension.

10 or more DWLS/R DUI Related

(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, or s statutory summary suspension or revocation under Section 11.501.1 of this Code.

(d-5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of Class 2 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code.