I want to know if I can avoid any jail time in a second DUI offense?

Asked 9 months ago - Chicago, IL

I have a pending DUI from 2 years ago and is due to completion this year. I didn't take any of the test for the 2nd DUI is it possible I can get this dropped to a lesser charge

Attorney answers (7)

  1. Matthew R. Gebhardt

    Contributor Level 13

    14

    Lawyers agree

    Answered . Yes...it is certainly possible to avoid jail time. You do need to consult with an attorney. Most attorneys on this site, including me, provide free consultations.

  2. Jeffrey Allen Fagan

    Contributor Level 13

    13

    Lawyers agree

    Answered . You need to speak with and retain an attorney as soon as possible.
    Depending on the facts of your case, it may be possible.
    Don't hesitate - start setting up a few free consultations and find the right lawyer for you.

  3. Harold L. Wallin

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . Yes it is possible. You need to retain an attorney to help you.

  4. Raymond M. Flavin III

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . You can always avoid all penalties of a DUI by going to trial and winning. While Illinois requires 48 hours of jail on any sentence of a second DUI. Many times a lawyer may help you avoid this by asserting that the arrest constituted one day served in jail, and that you should get day for day credit, so that the 48 hour requirement is satisfied.

    Whether the prosecution offers a reduction of the charges is totally up to them. They will consider the facts of the case and determine whether to make that offer. Many jurisdictions are refusing to reduce charges on a second DUI for their own reasons. Talk to your lawyer they will be able to help you through that process.

  5. Samuel Cohen

    Contributor Level 20

    7

    Lawyers agree

    Answered . Get an attorney right away who handles these kinds of cases.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  6. Paul F. Serkland

    Contributor Level 6

    5

    Lawyers agree

    Answered . It is possible to avoid jail time.

  7. Robert W. Chestney

    Pro

    Contributor Level 7

    6

    Lawyers agree

    Answered . It sounds like you could perhaps do even better than a reduced charge; how about a "Not Guilty" veridct from a jury? Sometimes a jury is easier to reason with than the prosecutor, who holds all the cards when it comes to deciding what charges will be pursued, and whether to offer a reduced charge.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,093 answers this week

3,074 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,093 answers this week

3,074 attorneys answering