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Will I Go to Jail for a DUI in Illinois?

 Posted on September 28, 2021 in DUI

Will County DUI Defense AttorneyGetting arrested for driving under the influence of alcohol (DUI) is cause for serious concern, and you may feel that your entire future is at risk due to a rare lapse in judgment. For many people, one of the most troubling thoughts is the idea of spending time in jail after an arrest or conviction. Jail time is certainly possible for DUI offenders in Illinois, but it is often possible to avoid it, especially with the help of an experienced DUI defense attorney.

Police Custody After a DUI Arrest

If you are arrested for DUI, you will almost certainly be taken into the police station by the arresting officer, at least for a short time. At the station, you will be asked to submit to chemical testing of your blood alcohol concentration, which you cannot refuse without having your driver’s license suspended, and you may also be questioned by law enforcement. However, you do not have to answer these questions before speaking with an attorney.

It is uncommon for a DUI suspect to remain in police custody for a long period of time. In most cases, the suspect will be released on the same day or the next day, perhaps with certain conditions to ensure that they return for a trial.

Jail Sentences for Illinois DUI

If you are convicted of DUI for a first-offense in Illinois, this is considered a Class A misdemeanor. The possible penalties for this offense include up to 364 days of imprisonment. However, it is often possible for first offenders to receive court supervision instead of a conviction, which allows them to stay out of jail and possibly have their charges dismissed, provided that they complete certain requirements imposed by the court. These requirements may include a certain number of hours of community service, as well as completion of an alcohol education or counseling program.

Repeat DUI offenders—as well as first-time offenders who are charged with aggravating circumstances like a child passenger, a high BAC, or causing injury or death—are more likely to face jail time. Some of these offenses include mandatory minimum jail sentences, and for high-level felony offenses, the sentence may include several years in prison. The best way to avoid or reduce jail time in these cases is to work with an experienced attorney who can help you defend your innocence.

Contact a Naperville DUI Defense Lawyer

At the Law Office of Patricia Magaña, LLC, we strive to help you ensure that DUI charges do not ruin your life. We can help you present the best possible defense to avoid a DUI conviction, or negotiate for an alternative like court supervision that may help you avoid jail time. For a free initial consultation, call our DuPage County DUI defense attorney at 630-448-2001. Se habla español.




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Law Office of Patricia Magaña, LLC

1555 Bond Street, Suite 103A, Naperville, IL 60563

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