|
OFFENSE |
FIRST |
SECOND |
THIRD |
FOURTH + |
|
|
Class A |
Class A |
Class 4 |
Class 4 |
|
General
penalties |
|
|
|
|
|
1.
Jail |
1-364 days |
1-364 days |
1-3 years |
1-3 years |
|
2.
Periodic imprisonment |
1-362 days |
1-364 days |
Up to 18 mos. |
Up to 18 mos. |
|
3.
Supervision |
Up to 2
years |
Not allowed
|
Not allowed |
Not allowed |
|
4.
Conditional Discharge |
Up to 2
years |
Up to 2
years |
Up to 30
months & min. 10 days jail or 60 days p.s. |
Up to 30
months & min. 10 days jail or 60 days p.s. |
|
5.
Probation |
Up to 2
years |
Up to 2
years |
Up to 30
months & min. 10 days jail or 60 days p.s. |
Up to 30
months & min. 10 days jail or 60 days p.s. |
|
6.
Fine |
$1-$2,500 |
$1-$2,500 |
$1-$25,000 |
$1-$25,000 |
|
7.
Restitution |
Not allowed |
Not allowed |
Not allowed |
Not allowed |
|
8.
Lab analysis |
$150
(waived) |
$150
(waived) |
$150
(waived) |
$150
(waived) |
|
|
|
|
|
|
|
Mandatory
penalties |
|
|
|
|
|
9.
Equipment fine |
$100 |
$200 |
$200 |
$200 |
|
10.
Trauma fund |
$100 |
$100 |
$100 |
$100 |
|
11.
Spinal cord injury fund |
$5 |
$5 |
$5 |
$5 |
|
12.
Emergency response |
$1-$500 per
agency |
$1-$500 per
agency |
$1-$500 per
agency |
$1-$500 per
agency |
|
13.
Evaluation requirements |
Required
imposition |
Required
imposition |
Required
imposition |
Required
imposition |
|
14.
2nd conviction within 5 years of a prior violation |
N/A |
Min. 5 days
in jail or 30 days p.s. |
N/A |
N/A |
|
15.
3rd or greater conviction within 5 years of a prior violation |
N/A |
N/A |
Min. 10
days in jail or 60 days p.s. |
Min. 10
days in jail or 60 days p.s. |
|
16.
Convicted with a BAC of .16 or greater |
Min. 100
hours p.s. and $500 min. fine |
If 2nd
violation within 10 years, min. 2 days jail and $1250 fine |
If 3rd
violation within 20 years, min. 90 days jail and $2500 fine |
Elevated to
class 2 with min. 3 years and min. $2500 fine |
|
17.
Convicted of transporting a child less than 16 years of age |
2 days
jail, 100 hours p.s. min in a program for children & $500 min.
fine |
10 days
jail & $500 fine, but if 2nd violation within 5 years of
previous violation, then 10 days min. p.s. in a program for
children |
30 days
jail and $500 fine, but if 3rd violation in 20 years, then
minimum 90 days jail & $2500 min. fine and if within 5 years of
prior violation, then 10 days p.s. in a program for children |
Elevated to
class 2 with min. 3 years and min. $2500 fine |
|
Enhanced
Penalties |
|
|
|
|
|
18.
Convicted of driving a school bus with children on board |
Enhanced to
a class 4 |
Enhanced to
a class 4 |
N/A |
N/A |
|
19.
Convicted of being involved in a motor vehicle accident that
proximately causes great bodily harm, permanent disability, or
disfigurement to another |
Enhanced to
a class 4 with a range of 1-12 years |
Enhanced to
a class 4 with a range of 1-12 years |
Enhanced
range of 1-12 years |
Enhanced
range of 1-12 years |
|
20.
Conviction with a prior conviction for reckless homicide while
under the influence or a conviction under section 19 (above) |
N/A |
Enhanced to
a class 4 |
N/A |
N/A |
|
21.
Violation occurs during a period of revocation or suspension for
DUI, SS, reckless homicide, or failure to stop & give
information after an accident
involving death or personal injury |
Enhanced to
a class 4 and if suspension or revocation is for prior SSS min
30 days jail or 40 days periodic imprisonment or 720 hours p.s. |
Enhanced to
a class 4 and if suspension or revocation is for prior SSS or
DUI min 30 days jail or 40 days periodic imprisonment or 720
hours p.s. |
Enhanced to
a class 3 with min. 10 days p.s. as a condition of probation or
cond. discharge, but if the suspension or revocation is for
prior SSS or DUI, min 30 days jail or 40 days periodic
imprisonment or 720 hours p.s. |
Enhanced to
a class 2 with a mandatory min. 3 year sentence |
|
22.
Violation occurs in a school speed zone & involves an accident
with bodily harm other than great bodily harm, permanent
disability, or disfigurement |
Enhanced to
a |
Enhanced to
a |
N/A |
N/A |
|
23.
Note: See
forfeiture provisions of 20
ILCS 5/36-1 |
|
|
|
|
