First offender DUI, prison?

The previous answers are all correct in stating that it is highly unlikely that you will get any jail time for a first misdemeanor DUI in Cook County. Additionally, since it has been charged as a misdemeanor, the factors which would lead to jail, such as causing a fatal accident, would also lead to you being charged with a felony. Most first offenders receive court supervision, treatment requirements, a Victim Impact Panel and mandatory fines and costs. If your BAC was over 0.16, you will be required to do 100 hours of community service as well. The only hitch which may lead to jail time is if you are caught driving while your license is suspended due to your Statutory Summary Suspension. This suspension takes effect 46 days after your DUI generally and, for first offenders, is 6 months if you took the breathalyzer and blew over a 0.08 or 12 months if you refused. Your attorney can fight this suspension in court, and you may be eligible for a Monitoring Device Driving Permit which allows you to drive during your suspension if you have a breathalyzer (BAIID) installed in your car 30 days after your suspension begins (after your 30 day "hard time"). The current standard offer for getting arrested for driving while license suspended for DUI is either 10 days in Cook County Jail or 30 days of SWAP, which is the Sheriff's Work Alternative Program, like community service but regulate and impossible to complete. A second offense may also net you some jail time and a third offense for driving while license suspended can be upgraded to a felony. Also, if you are eligible for a Monitoring Device Driving Permit (MDDP) and do not get one and are caught, you can be charged with a class 4 felony. If you have an MDDP and are caught driving a car without the BAIID breathalyzer in it, you are also facing a class 4 felony. Class 4 felonies can carry sentences ranging from probation to 1-3 years in prison. So while your DUI will not be the problem as far as jail, if you continue to drive while your license is not valid, you will most likely end up doing some jail time - especially if your supervision is violated or your bond is set high. The most expensive taxi is much cheaper than the cheapest lawyer + fines + court costs + possible lost work time/lost job, etc. So, in answer to your question, driving while your license is suspended is the circumstance most likely to result in jail time. Do not forget to pay your reinstatement fee with the Secretary of State once your Statutory Summary Suspension is complete, as your license will not automatically be reinstated.

Most first offenders do not receive jail. In fact, if you receive supervision, you cannot be sentenced to jail. That being said, jail is still a possibility. The state and/or court will look at aggravating factors such as a personal injury, a very high BAC, a serious substance abuse problem or other indications that you do not deserve court supervision. Schedule a consultation with an experienced DUI attorney. Most attorneys will offer a free initial meeting.

Highly unlikely absent a serious accident, an otherwise poor driving record, extremely high BAC, your age.

I know your question deals with penalties, but an experienced attorney will first deal with possible defenses and or weaknesses in the state's case. Those can be relied upon in court, or used as "bargaining chips" in negotiations with the state. Having said that, your question is very broad, because there are a number of things that can land a first offender in jail (not prison), starting with an ineffective or inexperienced lawyer. Other factors include, whether your license was valid at the time, whether there was an accident with injuries or serious property damage, whether you resisted arrest or attempted to flee and elude police, high BAC level, prior driving offenses or criminal history would be chief among them. Get a free consultation immediately.