What are the penalties for a first DUI offense in Illinois?

A first DUI in Illinois is a Class A misdemeanor carrying up to 364 days in jail, fines up to $2,500, and a mandatory 1-year driver's license revocation. Court supervision may be available for first offenders, which avoids a conviction on your record. A second DUI is also a Class A misdemeanor but carries a mandatory minimum 5 days in jail or 240 hours of community service.

Can I expunge my criminal record in Illinois?

Arrests without conviction and completed court supervision can be expunged in Illinois under 20 ILCS 2630/5.2. Felony convictions generally cannot be expunged — only sealed. Class 4 felony convictions are NOT eligible for expungement (a common misconception). Use the IllinoisCrime.com Expungement Checker to see if your specific charges qualify.

What is the penalty for drug possession in Illinois?

Illinois drug possession penalties depend on the substance and quantity. Heroin or cocaine possession of 1–15 grams is a Class 4 felony (1–3 years). Cannabis possession of 30 grams or less is a civil violation ($200 fine). Methamphetamine possession of any amount is a Class 3 felony (2–5 years). Possession with intent to deliver carries significantly higher penalties.

What is aggravated battery in Illinois?

Aggravated battery in Illinois (720 ILCS 5/12-3.05) is a Class 3 felony carrying 2–5 years in prison. It occurs when battery causes great bodily harm, permanent disability, or disfigurement, or when the victim is a police officer, teacher, or other protected person. Aggravated battery with a firearm is a Class X felony (6–30 years).

How does Illinois cash bail work after the SAFE-T Act?

Illinois abolished cash bail on September 18, 2023 under the SAFE-T Act (Pretrial Fairness Act), following the Illinois Supreme Court's ruling in Rowe v. Raoul, 2023 IL 129248. Defendants are now either detained or released based on a judge's assessment of dangerousness and flight risk — not their ability to pay.

What are Illinois gun laws for carrying a firearm?

Illinois requires a Firearm Owner's Identification (FOID) card to possess any firearm or ammunition under 430 ILCS 65. To carry a concealed firearm in public, you must also have a Firearm Concealed Carry License (FCCL) under 430 ILCS 66, upheld in Moore v. Madigan (7th Cir. 2012). Carrying without a valid FCCL is Aggravated Unlawful Use of a Weapon (AUUW), a Class 4 felony.

What is the penalty for domestic battery in Illinois?

Domestic battery in Illinois (720 ILCS 5/12-3.2) is a Class A misdemeanor for a first offense, carrying up to 364 days in jail and up to $2,500 in fines. A second or subsequent conviction is a Class 4 felony (1–3 years). Domestic battery convictions cannot be expunged or sealed under Illinois law.

How do I get an order of protection in Illinois?

You can file for an Emergency Order of Protection (EOP) at your county circuit court without the abuser present. The court can issue it the same day. An EOP lasts up to 21 days. A Plenary Order of Protection, issued after a hearing with both parties, lasts up to 2 years and can be renewed.

What is the penalty for retail theft in Illinois?

Retail theft under $300 in Illinois is a Class A misdemeanor (up to 364 days jail, $2,500 fine). Retail theft of $300 or more is a Class 3 felony (2–5 years). A second retail theft conviction, regardless of amount, is also a Class 3 felony. In Cook County, retail theft cases are frequently prosecuted aggressively.

What are the degrees of murder in Illinois?

Illinois has first-degree murder (Class M felony, 20–60 years to natural life; defendants must serve 100% of their sentence with no good-time credit), second-degree murder (Class 1 felony, 4–20 years), and involuntary manslaughter (Class 3 felony, 2–5 years). There is no third-degree murder in Illinois.

What is the penalty for aggravated DUI in Illinois?

Aggravated DUI in Illinois (625 ILCS 5/11-501(d)) is a Class 4 felony or higher depending on circumstances. A standard aggravated DUI carries 1–3 years (Class 4). Aggravated DUI causing death is a Class 2 felony (3–14 years). The maximum extended-term sentence for aggravated DUI causing death is 28 years.

At what age are juveniles tried as adults in Illinois?

Under P.A. 102-0687 (effective January 1, 2023), Illinois raised the age of juvenile court jurisdiction to 18 for most offenses. Juveniles aged 13 and older can still be transferred to adult court for serious offenses including first-degree murder and aggravated criminal sexual assault. Juveniles 17 and older charged with certain Class X felonies may be automatically tried as adults.

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