Illinois DUI Laws

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The maximum prescribed legal BAC limit in Illinois is 0.08% per se
(effective from Jul 2nd 1997)

(If you’ve been charged with Illinois DUI, the law allows 45 days for your Illinois DUI Lawyer to make a request for an administrative hearing to save your driving license)

Illinois DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Illinois it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.01%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.01% or above.

It is a crime to refuse to submit to a chemical test in Illinois and implied consent laws are enforced.

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI - Drunk Driving in Illinois

Illinois is a state with a five-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after five years. If it is five years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within five years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.

First Dui - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DUI - drunk driving conviction in Illinois:

• up to $1,000 fine
• up to 1 year in jail
• 1 year drivers license suspension
• if minor under 16 in car an additional $1,000 fine and 140 hours community service
• restricted ignition interlock drivers license may be available before suspension ends
• SR22 insurance requirement

Second DUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DUI - drunk driving conviction in Illinois:

• up to $1,000 fine
• up to 1 year in jail
• mandatory 48 hours in jail or 10 days community service
• 3 year minimum drivers license suspension
• mandatory ignition interlock restricted drivers license after suspension is served
• if minor under 16 in car an additional, 10 days in jail, $1,000 fine and 140 hours community service
• restricted ignition interlock drivers license may be available before suspension ends
• SR22 insurance requirement

Third DUI - Drunk Driving Conviction - felony

The penalty for a third DUI - drunk driving conviction in Illinois:

• up to $10,000 fine
• up to 3 years in jail
• minimum 6 years drivers license suspension
• mandatory ignition interlock restricted drivers license after suspension is served
• possibility of attending alcohol treatment program
• if minor under 16 in car an additional, 30 days in jail, $1,000 fine and 140 hours community service, it will also be classed as a felony
• restricted ignition interlock drivers license may be available before suspension ends
• SR22 insurance requirement

Penalties for underage (under 21) DUI - Drunk Driving in Illinois - BAC 0.08% and above

First DUI - Drunk Driving Conviction - Misdemeanor

The penalty for a first underage DUI - drunk driving conviction in Illinois:

• up to $2,500 fine
• up to 1 year in jail
• minimum 2 years drivers license suspension
• SR22 insurance requirement

Second DUI - Drunk Driving Conviction - Misdemeanor

The penalty for a second underage DUI - drunk driving conviction in Illinois:

• up to $2,500 fine
• up to one year in jail
• mandatory 5 days in jail or 30 days community service (if previous conviction within 5 years)
• minimum 5 years drivers license suspension or until age 21 (whichever is longer)
• SR22 insurance requirement

Third DUI - Drunk Driving Conviction - Felony

The penalty for a third underage DUI - drunk driving conviction in Illinois:

• up to $25,000 fine
• between 1 to 12 years in jail
• mandatory 10 days in jail or 60 days community service
• minimum 10 years drivers license suspension
• SR22 insurance requirement

Penalties for underage (under 21) DUI - Drunk Driving in Illinois - BAC 0.01% and above - Zero tolerance law

Zero tolerance is an Illinois state law that went into effect on January 1, 1995. The law provides for suspension of the driving privileges of any person under the age of 21 who drives after consuming alcohol. Like the name zero tolerance suggests, any trace of alcohol in a young person's system can result in a suspended drivers license. There are exceptions - minors who consume alcohol as part of a religious service or those who ingest a prescribed or recommended dosage of medicine containing alcohol.

FIRST Conviction under zero tolerance laws

• 3 months drivers license suspension
• SR22 insurance requirement

Second Conviction under zero tolerance laws

• 1 year drivers license suspension
• SR22 insurance requirement

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Implied consent LAWS

It is a crime to refuse to submit to a chemical test in Illinois and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Illinois

In Illinois, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

FIRST CHEMICAL TEST REFUSAL

• 6 months drivers license suspension

SECOND AND SUBSEQUENT REFUSALS

• 1 year drivers license suspension
• 3 year drivers license suspension if driver is under the age of 21

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Illinois Auto insurance (High Risk DUI SR22 Insurance)

Illinois auto insurance quotes ENTER ZIP CODE:

Illinois SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving alcohol related driving conviction and can be very expensive if you go with the wrong provider.  Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Illinois auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of Illinois

The minimum mandatory liability insurance coverage required in the state of Illinois for private passenger vehicles is (20/40/15). This equates to the following liability coverage:

• $20,000 bodily injury liability (BIL) per person
• $40,000 for two or more people in one accident
• $15,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE Case evaluation & consultation by local Illinois DWI / DUI Lawyer / Drunk Driving Attorney

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Protect your rights! Talk to a local DUI lawyer Illinois DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Illinois drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Illinois Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Illinois? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Illinois? • Does Illinois have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Illinois laws and procedures ? • When and how can you get your driver’s license reinstated in Illinois? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Illinois criminal defense attorney specialising in Illinois drunk driving laws today.

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Useful Illinois DUI Links:

DUI - Drunk Driving Laws in Illinois

Illinois Drivers Manual

Illinois SR22 Insurance Requirement

Illinois Department of Transportation

Illinois State Courts

Illinois Department of Insurance

Illinois DUI Lawyers

Illinois DUI discussion forum

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