Skip to main content

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

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. 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. 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 only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  3. 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.


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


  5. 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.


  6. 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.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics