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I got arrested for a third DUI in Woodford County IL. I had a first conviction in in '97 and a second in '01.

Clinton, IL |

I blew a .2 for this third offense so I know there is a mandatory 90 days. Is there any way I can get out of a conviction and if convicted is there mandatory jail time since it would be a Class 2 felony? Also, could I possibly receive probation, work release, or house arrest?

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Attorney answers 3


Difficult to say if you can "get out of it". Some jurisdictions will agree to a misdemeanor and suspended sentence. however, some judges will not accept such an arrangement. From what I have heard of Woodford County, there is no mercy. You need to hire an experienced Dui lawyer up there. good luck


The only way to avoid a conviction is to negotiate with the prosecutor, or go to trial and be found not guilty. It is highly unlikely that the the prosecutor would be willing to negotiate a 3rd DUI. Also, any mandatory minimums are, per statute, generally not subject to reduction or alternative sentencing. You need a sophisticated DUI attorney, as your case is going to be very difficult with a .20 breath test.

I hope that my response was helpful and informative. However, my answer should not be considered or relied upon as a legal opinion, and no attorney-client relationship has been established. If you are interested in retaining an attorney for your matter, please contact me to discuss your situation further at


If you can convince the judge or jury that your true breath alcohol concentration was not .16 or above, then your mandatory time will reduce to 10 days jail or 480 hours of community service. Of cousre, since it would still be a Class 2 felony if convicted of the DUI (with or without a .16 finding) then the maximum jail still remains at 3-7 years.
In addition to jail time (but not as a substitute for mandatory jail time), the court can give you probation.

Is there a way 'out of a conviction'. Essentially, asking a lawyer if you can win your case requires a full disclosure of every single thing that occurred that night (and then perhaps even more information during discovery). This answer can only be given after you have met with the attorney, and hired hime to complete the investigation into the case.

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