What Is the Lookback Period for DUIs in Illinois?

 Posted on April 30, 2021 in DUI

If you are convicted of driving under the influence in Illinois, a number of factors will determine the sentence you serve. One of the biggest factors the court will consider is your criminal history and whether you have previous DUIs on your record. If you do have previous DUI convictions on your records, the court may consider how long it has been between convictions.

Many states place a lookback period on DUI cases and that timeframe is typically five to ten years. If a conviction occurred before the lookback period, the courts cannot consider it. After being charged with a DUI, you may wonder if Illinois has a lookback period if you have prior convictions. Unfortunately, Illinois does not have such a law on the books.

Prior DUI Convictions Matter in Illinois

Due to the fact that Illinois does not have a lookback period for DUIs, any prior conviction of a DUI can be considered when a judge is determining a sentence for a subsequent offense. DUI convictions, like all traffic violation convictions, are also permanent, which means the prosecution can seek a harsher penalty for you even if your last DUI was over ten years ago.

However, even though there is no lookback period for DUIs in Illinois, the courts will still often use their discretion and consider the amount of time between a current conviction and a prior offense. Since Illinois does not have a lookback period, it is even more essential that you work with a DuPage DUI lawyer that can help you keep convictions off your record.

License Suspensions Are Longer with Subsequent DUIs

The sentences for subsequent DUI convictions are harsher and the license suspensions are longer. After the first conviction for a DUI, you will lose your driver’s license for one year. If you are convicted a second time for a DUI, the license suspension is extended to five years. A third conviction for a DUI will result in you losing your driver’s license for ten years, and a fourth conviction will result in a permanent revocation.

A conviction for a DUI is not the only way your license may be suspended. Under Illinois’ implied consent laws, your license will also be suspended if you refuse to submit to a chemical test, such as the breathalyzer.

Our Illinois DUI Lawyers Can Help You Avoid Harsh Penalties

Driving under the influence is taken very seriously in Illinois and even one conviction can result in serious penalties. If you are convicted more than once, however, the consequences become much greater. At the Law Office of Patricia Magana, LLC, our Spanish-speaking skilled Kane County DUI lawyer can help you avoid the conviction that will not only affect you now, but in the future as well. Attorney Magana knows the potential defenses available in these cases and will use them effectively to give you the best chance of a positive outcome. Call us today at 630-448-2001 or contact us online to schedule a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501