2nd Offender: Penalties For Injured Child
If this is your second or greater offense for DUI and If you were involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm to the child under the age of 16 being transported by you and the DUI violation was a proximate cause of the injury, then you are subject to a mandatory fine of $5000 and 25 days of community service in a program benefiting children.
This type of traffic offense may be charged as either a Class A misdemeanor or a Class 2 felony.
Cases such as these: 1) sometimes are charged by the police as a misdemeanor, 2) sometimes charged by the police as a felony after receiving approval from the prosecutor’s office, or 3) sometimes charged by the police as a misdemeanor, but later upgraded to a felony charge by the prosecutor’s office once the case arrives at court.
A Class A misdemeanor is an offense that is punishable by up to $2500 in court fines and up to 1 year in jail. Sentences may include supervision, probation or conditional discharge.
A Class 2 felony is an offense that is punishable by 3 to 7 years in the penitentiary but may be probationable. A sentence of supervision is not available on felony cases.
If you are sentenced on a DUI as a felony and receive either probation or conditional discharge, in addition to any other penalties that may be imposed by the court, you are subject to a mandatory minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of that probation or conditional discharge.
These penalties are in addition to any other penalties that may be imposed by the court or administrative sanctions of the Secretary of State. Please make your next selection above to determine what other penalties may apply to your DUI case.