Question:

DUI QUESTION (update) Please help!!!!.?

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My dad has a DUI from 1988, a DUI that was reduced to reckless driving in 2003, and 2 more DUI's in the last 2 months...He still has not gone to court for the new ones, one of which he blew .122 and one he refused to blow. What will his sentence be? We live i n IL

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  1. Just like the two other times I've answered, he will probably get a couple years in the klink.  If he's lucky, he'll get off with a lengthy probation and waving his license bye bye.


  2. What update?  

    The offense is a misdemeanor.  

    Your state statute says:

    (625 ILCS 5/11‑501) (from Ch. 95 1/2, par. 11‑501)

    "(b‑2) Except as otherwise provided in this Section, any person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.

        (b‑3) In addition to any other criminal or administrative sanction for any second conviction of violating subsection (a) or a similar provision committed within 5 years of a previous violation of subsection (a) or a similar provision, the defendant shall be sentenced to a mandatory minimum of 5 days of imprisonment or assigned a mandatory minimum of 240 hours of community service as may be determined by the court.

        (b‑4) In the case of a third or subsequent violation committed within 5 years of a previous violation of subsection (a) or a similar provision, in addition to any other criminal or administrative sanction, a mandatory minimum term of either 10 days of imprisonment or 480 hours of community service shall be imposed.

        (b‑5) The imprisonment or assignment of community service under subsections (b‑3) and (b‑4) shall not be subject to suspension, nor shall the person be eligible for a reduced sentence.

    . . .

    (2) Except as provided in subdivisions (c‑5)(3) and  

         (c‑5)(4) a person who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to an additional 10 days of imprisonment, an additional mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children. The imprisonment or assignment of community service under this subdivision (c‑5)(2) is not subject to suspension, nor is the person eligible for a reduced sentence.



            (3) Except as provided in subdivision (c‑5)(4), any  

         person convicted of violating subdivision (c‑5)(2) or a similar provision within 10 years of a previous violation of subsection (a) or a similar provision shall receive, in addition to any other penalty imposed, a mandatory minimum 12 days imprisonment, an additional 40 hours of mandatory community service in a program benefiting children, and a mandatory minimum fine of $1,750. The imprisonment or assignment of community service under this subdivision (c‑5)(3) is not subject to suspension, nor is the person eligible for a reduced sentence.



            (4) Any person convicted of violating subdivision  

         (c‑5)(2) or a similar provision within 5 years of a previous violation of subsection (a) or a similar provision shall receive, in addition to any other penalty imposed, an additional 80 hours of mandatory community service in a program benefiting children, an additional mandatory minimum 12 days of imprisonment, and a mandatory minimum fine of $1,750. The imprisonment or assignment of community service under this subdivision (c‑5)(4) is not subject to suspension, nor is the person eligible for a reduced sentence.




  3. Jessica, you don't understand how courts work.

    There is NO WAY someone here is going to know what the sentence will be.  You are talking about someone who did not "make a mistake" and learn from it.  Most states are getting tougher on ANY dui, even first convictions or charges. On one of them, he refused to cooperate.

    Judges have ranges of sentencing.. means it can be probation and fines or jail. The judge will go on all the information and history, then make up his mind.

    "WE DON'T KNOW" is the only answer for this question. Your dad is putting the lives of other persons at risk by doing this.  

  4. omg you sound hot

  5. He's going to do atleast 90 days in jail. More importantly, will he go to a rehab ??

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