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What Happens After a Third DUI in Illinois?

 Posted on April 30, 2025 in DUI

Kane County, IL DUI defense lawyerIllinois has strict DUI laws designed to deter people from driving while under the influence of drugs or alcohol. First-time offenders are often treated more leniently but still face heavy penalties. If you have been charged with a repeat DUI offense and have concerns about what challenges are ahead, an Aurora, IL DUI defense attorney will walk you through the laws that apply to these cases and advise how you may be able to defend yourself.

What Are the Potential Penalties for a Third DUI in Illinois?

A third DUI conviction in Illinois is an aggravated DUI and often carries substantial penalties that vary depending on the circumstances of your arrest. If convicted, you would likely face a minimum of 90 days in jail and several thousand dollars in fines. When some aggravating factors are present, you could face a maximum of 14 years of incarceration and up to $25,000 in fines.

What Other Consequences Can You Face After a Third DUI in Illinois?

For most people, the threat of longer jail time is the most intimidating part of sentencing for multiple DUI offenses. Being in jail can severely impact daily life, including employment and relationships. However, there are more consequences that can cause a significant hindrance in your life, including:

  • Licence revocation: Typically, the secretary of state in Illinois will revoke your driving privileges completely for up to 10 years if convicted of a third DUI. This can interfere with several elements of everyday life, including your ability to get certain jobs.

  • Stricter probation: Should you receive a probation sentence, you can expect it to last multiple years and include stricter terms, such as counseling, significant fines, and community service.

  • Felony record: An aggravated DUI is a felony that will go on your record, impacting everything from child custody and gun ownership to job availability and housing opportunities.

Given how extreme the consequences can be for this offense, having an aggressive defense attorney is the best way to improve your odds. There are ways to challenge the charges, and being direct with your legal representative about the details of your case is key.

What Are Some Possible Defenses Against a Third DUI Charge in Illinois?

The best defense against a third DUI charge in Illinois will depend on the details of your case. However, a few common defenses include proving a lack of probable cause, challenging the accuracy of chemical testing, challenging the validity of field sobriety testing, and arguing a violation of Miranda rights.

If police stopped you without a justified reason, any evidence they collect could be inadmissible. Similarly, if the breath or blood tests were compromised, your attorney can challenge the prosecution’s use of them as evidence.

Field sobriety tests are also famously unreliable and can be challenged for several reasons. Additionally, if the officers who arrested you failed to read your Miranda rights before questioning you, any statements you made could be suppressed.

Contact an Elgin, IL DUI Defense Attorney for a Free Consultation Today

If you have concerns about your ability to challenge a third DUI offense, a Kane County, IL DUI defense lawyer at The Law Office of Brian J. Mirandola could help. Repeat offenses have much higher stakes, and regardless of the circumstances, you have the right to a robust defense. Call 847-488-0889 to schedule a free consultation today.

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