Will You Go to Jail for a Second DUI in Chicago?

 Posted on December 15, 2025 in DUI

Unlike a first DUI, where you might avoid jail through probation, a second DUI requires the judge to sentence you to at least five days in jail or 240 hours of community service. The maximum sentence is one year in jail, plus significant fines and a minimum one-year license revocation.

A second DUI is a Class A misdemeanor under Illinois law, specifically 625 ILCS 5/11-501. This is much more serious than a first offense. According to the Illinois Secretary of State, over 21,000 people were arrested for DUI in Illinois last year. Many of these are repeat offenders who face harsh mandatory penalties that can dramatically affect their lives.

If you are facing a second DUI charge in 2026, the stakes are high. Our Chicago DUI defense lawyer offers free consultations to help you understand your options and build the strongest possible defense.

What Are the Penalties for a Second DUI in Illinois?

Illinois law is very specific about the consequences of a second DUI conviction. The penalties are much more severe than for a first offense, and judges have less flexibility to be lenient.

Mandatory Jail Time or Community Service

You must serve either a minimum of five days in jail or complete 240 hours of community service. The judge cannot waive this requirement. If your blood alcohol concentration was 0.16 or higher, the minimum jail time increases to two days, even if you complete community service.

Maximum Jail Sentence

The maximum sentence for a second DUI is up to one year in county jail. Judges consider factors like your BAC level, whether you caused an accident, your behavior during the arrest, and whether you have completed any alcohol treatment programs when deciding your sentence.

Fines and Costs

A second DUI conviction carries a mandatory minimum fine of $1,250. The maximum fine is $2,500, plus court costs and fees. You will also face costs for alcohol education programs, monitoring devices, and reinstatement fees to get your license back.

License Revocation

Your driver's license will be revoked for a minimum of five years. This is not a suspension where you can get your license back automatically after a set time. Revocation means you must petition the Illinois Secretary of State for a hearing to prove you deserve to drive again. This process is difficult and expensive.

Ignition Interlock Device

If you are eventually able to drive again, Illinois law requires you to install an ignition interlock device on any vehicle you operate. This device requires you to blow into it before the car will start, and randomly while driving, to prove you have not been drinking. You must pay for installation, monthly monitoring fees, and maintenance.

Other Consequences

Beyond the legal penalties, a second DUI conviction appears on your criminal record permanently. This can affect:

• Your ability to get or keep a job, especially if you drive for work

• Professional licenses in fields like healthcare, education, or law

• Your car insurance rates, which will increase dramatically

• Child custody arrangements if you are going through a divorce

• Immigration status if you are not a U.S. citizen

Are There Ways to Avoid Jail Time for a Second DUI?

While jail time or community service is mandatory for a second DUI conviction, there are ways your lawyer might be able to help you avoid the worst outcomes.

Challenge the Traffic Stop

Police must have reasonable suspicion to pull you over. If the stop was illegal, any evidence gathered afterward cannot be used against you. Your lawyer will examine whether the officer had a valid reason to stop your vehicle.

Challenge the Testing Procedures

Breathalyzer machines must be properly calibrated and maintained. Blood tests must follow specific protocols. Field sobriety tests must be administered correctly. If police violated proper procedures, the test results might be suppressed.

Question the Timing

For a case to qualify as a second DUI, your first conviction must have occurred within the past 20 years. If your prior DUI was more than 20 years ago, you might face first-offense penalties instead.

Negotiate a Plea Agreement

In some cases, your attorney might negotiate with prosecutors to reduce the charge to reckless driving or another lesser offense. This is not always possible, but an experienced DUI defense lawyer knows when prosecutors might be willing to negotiate based on weaknesses in their case.

What Should You Do If You Are Arrested for a Second DUI?

The moment you are arrested for a second DUI, the clock starts ticking on important deadlines. You have only 90 days to request a hearing with the Secretary of State to challenge your license suspension. Missing this deadline means you automatically lose your license.

Do not talk to police beyond providing basic identification information. Anything you say can and will be used against you. Do not try to explain, apologize, or defend yourself. Ask for a lawyer immediately.

Document everything you remember about the arrest. Where were you driving? Why did the officer pull you over? What tests did they ask you to perform? What did the officer say to you? These details can be critical to your defense.

Do not assume that because you were arrested, you will automatically be convicted. Police make mistakes. Equipment malfunctions. Procedures get skipped. A thorough investigation by your lawyer might reveal defenses you do not know exist.

Call an Oakbrook Terrace, IL Repeat DUI Defense Lawyer Today

A second DUI conviction carries serious mandatory penalties. You need an attorney who understands Illinois DUI law and knows how to challenge the evidence against you. Our Chicago DUI defense attorney offers free consultations and will review every aspect of your case to find the best possible defense. Call Hartsfield Law at 312-345-1700 right now to protect your rights and your future.