Illinois DUI Laws
The maximum prescribed legal BAC limit in Illinois is 0.08% per se
(effective from July 2nd 1997)
Illinois Drunk Driving Laws (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 is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state. |
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.
SCHOOL BUS DRIVERS - BAC LIMIT = 0.00%
It is a crime for persons who drive school buses to drive with a BAC (blood alcohol content - concentration) of 0.00% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.00%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.00% or above.
It is an offense to refuse to submit to a chemical test in Illinois and implied consent laws are enforced.
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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'.
STATUTORY SUMMARY SUSPENSIONS
A driver who fails (with a BAC of 0.08% or more), refuses to submit to or fails to complete chemical testing will have their driving privileges suspended automatically. This is known as statutory summary suspension. This penalty is in addition to any other criminal penalties and driving suspensions.
OUT OF STATE CONVICTIONS
Out of state DUI convictions will be counted as prior offenses and added to an Illinois residents driving record.
First Dui - Drunk Driving Conviction - Class A MISDEMEANOR
The penalty for a first DUI - drunk driving conviction in Illinois:
Statutory summary suspension: 6 months automatic driving suspension
MDDP (monitoring device driving permit) available on 31st day of suspension after which the offender will only be permitted to drive vehicles fitted with a BAIID (breath alcohol ignition interlock device).
PLUS
- Fine: up to $2,500 fine
- Jail: possible imprisonment of up to 1 year
- License Revocation: minimum 1 year drivers license revocation (2 years if driver under the age of 21)
- undergo an alcohol/drug evaluation
- complete an alcohol/drug remedial education program
- Illinois SR22 insurance requirement
INCREASED PENALTIES
BAC 0.16 or more
In addition to any other criminal or administrative sanctions: A mandatory minimum fine of $500 and mandatory minimum 100 hours community service.
Transporting a child under age 16
In addition to any other criminal or administrative sanctions: A mandatory minimum fine of $1,000, 25 days of community service and up to 6 months imprisonment.
Second DUI - Drunk Driving Conviction - Class A MISDEMEANOR
The penalty for a second DUI - drunk driving conviction in Illinois:
Statutory summary suspension: 1 year automatic driving suspension
MDDP (monitoring device driving permit) NOT available
PLUS
- Fine: up to $2,500 fine
- Jail: possible imprisonment of up to 1 year
mandatory 5 days imprisonment OR 240 hours of community service
- License Revocation: minimum 5 years drivers licence revocation (if previous offense within 20 years)
- Ignition Interlock: must install a BAIID (breath alcohol ignition interlock device) for 12 consecutive months as a condition of drivers license re-instatement
- undergo an alcohol/drug evaluation
- complete an alcohol/drug remedial education program
- suspension of vehicle registration
- Illinois SR22 insurance requirement
INCREASED PENALTIES
BAC 0.16 or more
In addition to any other criminal or administrative sanctions: A mandatory minimum fine of $1,250 and 2 days mandatory imprisonment.
Transporting a child under age 16 (Aggravated DUI)
CLASS 4 FELONY - In addition to any other criminal or administrative sanctions: 1 - 3 years imprisonment and fines up to $25,000.
Third DUI - Drunk Driving Conviction - Class 4 felony (Aggravated DUI)
The penalty for a third DUI - drunk driving conviction in Illinois:
Statutory summary suspension: 1 year automatic driving suspension
MDDP (monitoring device driving permit) NOT available
- Fine: up to $25,000 fine
- Jail: possible imprisonment of 3 to 7 years
- License Revocation: minimum 10 years drivers license revocation
- Ignition Interlock: must install a BAIID (breath alcohol ignition interlock device) for 12 consecutive months as a condition of drivers license re-instatement
- undergo an alcohol/drug evaluation
- complete an alcohol/drug remedial education program
- suspension of vehicle registration
- Illinois SR22 insurance requirement
INCREASED PENALTIES
BAC 0.16 or more
In addition to any other criminal or administrative sanctions: Mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.
Transporting a child under age 16
In addition to any other criminal or administrative sanctions: Mandatory fine of $25,000 and 25 days of community service.
Fourth DUI - Drunk Driving Conviction - Class 4 felony (Aggravated DUI)
The penalty for a fourth DUI - drunk driving conviction in Illinois:
Statutory summary suspension: 1 year automatic driving suspension
MDDP (monitoring device driving permit) NOT available
- Fine: up to $25,000 fine
- Jail: possible imprisonment of 3 to 7 years
- License Revocation: revocation of drivers license for life
- undergo an alcohol/drug evaluation
- complete an alcohol/drug remedial education program
- suspension of vehicle registration
- Illinois SR22 insurance requirement
INCREASED PENALTIES
BAC 0.16 or more
In addition to any other criminal or administrative sanctions: Mandatory minimum fine of $5,000.
Transporting a child under age 16
In addition to any other criminal or administrative sanctions: Mandatory fine of $25,000 and 25 days of community service.
FIFTH DUI - Drunk Driving Conviction - Class 4 felony (Aggravated DUI)
The penalty for a fifth DUI - drunk driving conviction in Illinois:
Statutory summary suspension: 1 year automatic driving suspension
MDDP (monitoring device driving permit) NOT available
- Fine: up to $25,000 fine
- Jail: possible imprisonment of 4 to 15 years
- License Revocation: revocation of drivers license for life
- undergo an alcohol/drug evaluation
- complete an alcohol/drug remedial education program
- suspension of vehicle registration
- Illinois SR22 insurance requirement
INCREASED PENALTIES
BAC 0.16 or more
In addition to any other criminal or administrative sanctions: Mandatory minimum fine of $5,000.
Transporting a child under age 16
In addition to any other criminal or administrative sanctions: Mandatory fine of $25,000 and 25 days of community service.
Sixth (and subsequent) DUI - Drunk Driving Conviction - Class 4 felony (Aggravated DUI)
The penalty for a fifth and subsequent DUI - drunk driving conviction in Illinois:
Statutory summary suspension: 1 year automatic driving suspension
MDDP (monitoring device driving permit) NOT available
- Fine: up to $25,000 fine
- Jail: possible imprisonment of 6 to 30 years
- License Revocation: revocation of drivers license for life
- undergo an alcohol/drug evaluation
- complete an alcohol/drug remedial education program
- suspension of vehicle registration
INCREASED PENALTIES
BAC 0.16 or more
In addition to any other criminal or administrative sanctions: Mandatory minimum fine of $5,000.
Transporting a child under age 16
In addition to any other criminal or administrative sanctions: Mandatory fine of $25,000 and 25 days of community service.
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Implied consent LAWS
It is an offense 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
SECOND AND SUBSEQUENT REFUSALS
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Illinois SR22 insurance (High Risk Auto Insurance)
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. Top of page
FREE DUI / DWI Case evaluation & by local Illinois Lawyer
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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 specializing in Illinois drunk driving laws today. |
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Disclaimer: While every effort is made to keep all information up to date, the Illinois drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Illinois DUI lawyer is recommended in all cases.
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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