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Second Offense DUI Lawyer in Chicago

DUI

A second DUI conviction can carry much tougher consequences, but that doesn’t mean you’re out of options.

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Getting charged with a second DUI in Chicago or any other surrounding areas in Illinois can feel like everything has changed. A first offense is often treated with more leniency. You may have paid a fine or received court supervision that kept the conviction off your record. But Illinois views a second DUI very differently.

That’s because the law sees repeat DUI offenses as a pattern of behavior, not a one-time mistake. Prosecutors assume the first consequences didn’t deter you, so they pursue harsher penalties the second time around. As a result, the potential consequences for a second DUI are far more serious.

It’s completely normal to worry about jail time, losing your license, or how this charge could affect your job and your family. A second DUI is serious, but you still have options and the right defense strategy can make a significant difference.

At Kovacevic Law, we have extensive experience representing clients facing second-offense DUI charges throughout Chicago and surrounding neighborhoods. We understand what you’re up against and know how to build a strong, strategic defense designed to protect your rights, your record, and your future.

What is Classified as a Second-Offense DUI?

Many people assume that any prior DUI conviction automatically makes the next one a “second offense.” While that seems logical, Illinois law doesn’t treat it that simply.

When you’re arrested for DUI, two different processes begin. The first involves the Illinois Secretary of State, which handles administrative penalties like driver’s license suspensions. For this part of the process, the Secretary of State only looks back five years. If your previous DUI was more than five years ago, they will treat your new DUI as a first offense for license suspension purposes.

However, the criminal court system works very differently.

For sentencing, the court reviews your entire DUI history, regardless of how much time has passed. It doesn’t matter if your first DUI happened 10, 20, or even 30 years ago, or whether it occurred in another state. If you have any prior DUI on your record, your new charge will be treated as a second offense for criminal penalties.

There’s another important detail: If your first DUI resulted in court supervision rather than a conviction, it can still count against you. Even though supervision kept a conviction off your record, the court will still treat it as a first DUI for sentencing purposes if you’re convicted of a new DUI now.

Understanding these distinctions is critical, and it can make a significant difference in how your case is handled. Kovacevic Law can help you navigate both sides of the process and protect you from unnecessary penalties.

For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.

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Frequently asked questions

Get clear guidance on what to expect and what a DUI lawyer can do for you when facing a second-offense DUI charge.

  • Can I still drive after a second DUI conviction?

    A second DUI conviction in Illinois comes with a mandatory five-year driver’s license revocation. In most cases, you are not allowed to drive at all during this period. Even after the five years are up, you cannot get back on the road until your driving privileges are fully reinstated through the Illinois Secretary of State.

    Losing your license for this long can make it incredibly difficult to keep your job, care for your family, or manage daily responsibilities. Fortunately, some individuals may qualify for a Restricted Driving Permit (RDP).
    An RDP does not restore full driving privileges. Instead, it allows limited, purpose-specific driving; typically for work, school, medical appointments, treatment programs, or other approved activities. If you receive an RDP, you will be required to install and maintain a Breath Alcohol Ignition Interlock Device (BAIID) for the entire five-year revocation period.

    To be approved for an RDP, you must attend a hearing and convince the Secretary of State that you are taking rehabilitation seriously and do not pose a risk to public safety. An experienced second-offense DUI attorney in Chicago can evaluate whether you may qualify and help you navigate the hearing process from start to finish.

  • How can a second-offense DUI Lawyer work toward the best outcome?

    Once we understand your background and the circumstances of your arrest, our next step is to gather every piece of evidence tied to your case. This may include:

    • Body-camera footage from the arresting officer
    • Squad car video
    • Recordings or transcripts from any station interviews
    • Portable breathalyzer results
    • Intoxilyzer machine test results
    • Blood and urine test reports
    • 911 recordings

    After collecting all available evidence, we examine every detail. We look for inconsistencies, procedural mistakes, constitutional issues, and any technical errors that may weaken the State’s case.

    In some situations, a dismissal or not-guilty verdict may not be realistic, and we’ll be honest with you about that from the start. When that happens, we shift our focus to minimizing the potential penalties. One way we do this is by preparing a mitigation packet that helps the prosecutor and judge see you as more than just a charge on paper.

    A strong mitigation packet often includes items such as a letter from your attorney, alcohol and drug evaluations, proof of volunteer work, certificates of community service, and character reference letters from people who know you well. These materials can play a meaningful role in securing a more favorable outcome.

  • Why do I need a second offense DUI Lawyer?

    With stronger penalties, mandatory minimums, and far less leniency, a second DUI in Illinois raises the stakes significantly. The right second-offense DUI lawyer can make all the difference for your case.

    At Kovacevic Law, we dig into every part of your case; the traffic stop, field sobriety testing, breath or blood analysis, police procedures, and how the evidence was collected. Any mistake, inconsistency, or violation of your rights can open the door to getting evidence thrown out, charges reduced, or penalties minimized.

    There are numerous proven defense strategies for fighting a second DUI in Illinois, and we know how to use each one effectively.

    Experience matters. Second-offense DUI cases demand a lawyer who understands both the law and the way Illinois prosecutors build their cases. We bring extensive DUI defense experience, deep knowledge of Illinois DUI laws, and a strategic approach shaped by years of handling complex DUI matters.

    We build every defense strategy around the unique facts of your situation, your goals, the evidence, and the weaknesses in the State’s case. When you work with Kovacevic Law, we are dedicated to securing the strongest possible outcome for your future.

  • How much is a lawyer for second offense DUI?

    The cost of hiring a lawyer for a second DUI in Illinois can vary widely. Every case is different, and fees depend on several factors, including the complexity of the charges, the amount of evidence involved, whether your case goes to trial, and the level of experience your attorney brings to the table.

    Second-offense DUI cases are more serious than first-time charges, which often means they require more time, investigation, and legal strategy. This may include reviewing police reports, analyzing body-camera footage, challenging chemical test results, preparing for hearings, and negotiating with prosecutors.

    Although the exact cost differs from case to case, what you are really paying for is the attorney’s skill, experience, and ability to protect your driving privileges, your record, and your future. A strong defense can save you far more in the long run by helping you avoid jail time, reduce fines, prevent long-term license revocation, and protect your employment.

    At Kovacevic Law, we offer consultations so you can understand what your case may involve before deciding on representation.

  • Will I go to jail for a second-offense DUI in Illinois?

    A second DUI in Illinois is treated much more seriously than a first offense. In many cases, there is a mandatory minimum jail sentence or mandatory community service, and the potential maximum jail time and fines are higher than for a first DUI. Whether you actually serve time in jail depends on several factors, including:

    • Your blood alcohol concentration (BAC)
    • Whether there was an accident, injury, or minor in the vehicle
    • Whether you refused chemical testing
    • Your prior criminal and driving record
    • The specific county and judge handling your case

    A skilled second-offense DUI lawyer can often work to reduce or avoid jail time by challenging the State’s evidence, negotiating with prosecutors, and presenting strong mitigation on your behalf. Even when the law requires some period of jail or community service, an attorney may be able to structure the sentence in a way that minimizes the impact on your job, family, and daily life.