Penalties for Repeat DUIs in Illinois

 Posted on December 22, 2025 in DUI

Illinois imposes strict penalties for the crime of driving under the influence (DUI). With every repeat offense, you face increasing punishments. If you have been charged with a repeat drunk driving offense, get in contact with a Lake County, IL criminal defense lawyer now.

At The Law Offices of Matthew R. Gebhardt, P.C., we take DUI defense seriously, especially when it involves higher stakes for the defendant. Attorney Matthew Gebhardt has a proven track record of successfully defending clients accused of DUI, including clients with multiple offenses on record. With our experience and legal knowledge, you can rely on us to fight for your rights against a drunk driving charge.

How Serious Is a First DUI?

Though many people believe it is a minor offense, a first DUI still carries major penalties. The crime is usually charged as a misdemeanor, but it can still result in jail time, fines, and mandatory alcohol education programs under 625 ILCS 5/11-501.

Beyond the immediate penalties, a first DUI can affect a person’s life for years. A driver’s license suspension may make it difficult to get to work or school. Insurance rates often increase, and some employers may view a DUI conviction as a red flag. Most importantly, a first DUI stays on your record and can make any future DUI charge much more serious.

Are Repeat DUIs Charged as Felonies in Waukegan?

In Illinois, a second DUI is usually also charged as a misdemeanor, but a third DUI is much more serious. A third DUI conviction is classified as a felony in Illinois with significantly higher penalties.

Under state law, a third DUI conviction is a Class 2 felony. A person convicted of a third DUI may face three to seven years in prison, along with substantial fines. According to Illinois State Police, a third DUI conviction carries a license revocation of at least 10 years, making it extremely difficult to work or get daily tasks done. Most DUI cases are handled at the Lake County Courthouse in Waukegan, IL.

Is It More Difficult to Defend Against a Repeat DUI?

A repeat DUI is often harder to defend because prosecutors treat it as a recurring pattern rather than a one-time mistake. The state may argue that the driver already knew the risks of drinking and driving and chose to do it again. This can lead to tougher plea offers and stricter sentencing recommendations from the prosecutor.

Still, a second or third DUI is not automatically a lost cause. The prosecutor must still prove that the driver was impaired and that police followed proper procedures. If the traffic stop was unlawful or the evidence is weak, those issues can be challenged. Prior convictions do not remove a driver’s right to a fair defense.

Is It Possible to Reduce a Repeat DUI to a Reckless Driving Charge?

Reducing a repeat DUI to reckless driving is sometimes possible, but it may be more difficult than with a first offense. While we cannot guarantee any outcome, our firm has successfully negotiated for reduced charges in past repeat DUI cases.

To reduce a repeat DUI charge, we might look at the mitigating factors in your case. Mitigating factors are essentially circumstances that make the allegations less serious. For example, a low blood alcohol concentration, lack of dangerous driving behavior, or cooperation with authorities may reflect positively on your case. When you work with our firm, we will explore every option for minimizing the consequences of a repeat DUI offense.

Repeat DUI Defense Strategies in 2026

Defending against a repeat DUI charge in 2026 begins with reviewing how the traffic stop occurred. Police must have a valid legal reason to stop a driver. If they do not, the evidence gathered after the stop may be challenged. This standard is known as "reasonable suspicion," and it may play a major role in your case.

Attorneys also look closely at field sobriety tests and chemical testing. Testing devices need to be maintained and calibrated, and samples must be handled carefully. Video footage from squad cars or body cameras can also play a key role. Even in repeat DUI cases, a detailed review of the evidence can reveal weaknesses that affect the outcome.

Contact a Waukegan, IL Second DUI Defense Attorney

A repeat DUI charge can put your freedom, license, and future at risk. Having legal guidance can help you understand what you are facing and what options may be available. Contact our Lake County, IL repeat DUI defense attorney or call 847-239-4703 to set up a free consultation with The Law Offices of Matthew R. Gebhardt, P.C. and learn how Illinois law applies to your situation.