Illinois DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Illinois
Illinois DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Illinois, the law allows 45 days for an Illinois DUI Lawyer to make a request for an Illinois administrative hearing to help save your drivers license.
What are the penalties for DUI in Illinois?
The penalties for driving under the influence in Illinois will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
IL DUI Penalties
Illinois is a state with a 5 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 a chemical test when required to do so 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 upon conviction.
OUT OF STATE CONVICTIONS
Out of state DUI convictions will be counted as prior offenses and added to an Illinois residents driving record.
1st DUI Offense - Class A Misdemeanor
The penalty upon conviction of a first DUI offense 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 with a BAAID (breath alcohol ignition interlock device).
- Fines: up to $2,500
- Imprisonment: up to 1 year in jail
- Drivers License Revocation: minimum 1 year drivers license revocation (2 years revocation if driver under the age of 21)
- undergo an alcohol / drug evaluation
- complete an alcohol / drug remedial education program
- IL SR22 Insurance (proof of financial responsibility) Requirement
INCREASED PENALTIES
BAC 0.16 or more
In addition to any other criminal or administrative sanctions: A mandatory minimum fine of $500 and 100 hours community service.
Transporting a child under the age of 16
In addition to any other criminal or administrative sanctions: A mandatory minimum fine of $1,000, 25 days community service and up to 6 months imprisonment.
2nd DUI Offense - Class A Misdemeanor
The penalty upon conviction of a second DUI offense in Illinois:
Statutory summary suspension: 1 year automatic driving suspension MDDP (monitoring device driving permit) NOT available
- Fines: up to $2,500 fine
- Imprisonment: possible imprisonment for up to 1 year
mandatory 5 days imprisonment OR 240 hours community service - Drivers License Revocation: minimum 5 years drivers license revocation (if previous offense within 20 years)
- Ignition Interlock: must install a BAAID (breath alcohol ignition interlock device) for 12 consecutive months as a condition of drivers license reinstatement
- undergo an alcohol / drug evaluation
- complete an alcohol / drug remedial education program
- suspension of vehicle registration
- IL SR22 Insurance (proof of financial responsibility) 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 the age of 16
CLASS 4 FELONY - In addition to any other criminal or administrative sanctions: 1 - 3 years imprisonment and fines up to $25,000.
3rd DUI Offense - Class 4 Felony (Aggravated DUI)
The penalty upon conviction of a third DUI offense in Illinois:
Statutory summary suspension: 1 year automatic driving suspension MDDP (monitoring device driving permit) NOT available
- Fines: up to $25,000 fine
- Imprisonment: possible imprisonment of 3 to 7 years
- Drivers License Revocation: minimum 10 years drivers license revocation
- Ignition Interlock: must install a BAAID (breath alcohol ignition interlock device) for 12 consecutive months as a condition of drivers license reinstatement
- undergo an alcohol / drug evaluation
- complete an alcohol / drug remedial education program
- suspension of vehicle registration
- IL SR22 Insurance (proof of financial responsibility) 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 the age of 16
In addition to any other criminal or administrative sanctions: Mandatory fine of $25,000 and 25 days community service.
4th DUI Offense - Class 4 Felony (Aggravated DUI)
The penalty upon conviction of a fourth DUI offense in Illinois:
Statutory summary suspension: 1 year automatic driving suspension MDDP (monitoring device driving permit) NOT available
- Fines: up to $25,000 fine
- Imprisonment: possible imprisonment of 3 to 7 years
- Drivers License Revocation: revocation of drivers license for life
- undergo an alcohol / drug evaluation
- complete an alcohol / drug remedial education program
- suspension of vehicle registration
- IL SR22 Insurance (proof of financial responsibility) 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 the age of 16
In addition to any other criminal or administrative sanctions: Mandatory fine of $25,000 and 25 days community service.
5th DUI Offense - Class 4 Felony (Aggravated DUI)
The penalty upon conviction of a fifth DUI offense in Illinois:
Statutory summary suspension: 1 year automatic driving suspension MDDP (monitoring device driving permit) NOT available
- Fines: up to $25,000 fine
- Imprisonment: possible imprisonment of 4 to 15 years
- Drivers License Revocation: revocation of drivers license for life
- undergo an alcohol / drug evaluation
- complete an alcohol / drug remedial education program
- suspension of vehicle registration
- IL SR22 Insurance (proof of financial responsibility) 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 the age of 16
In addition to any other criminal or administrative sanctions: Mandatory fine of $25,000 and 25 days community service.
6th (and subsequent) DUI Offense - Class 4 Felony (Aggravated DUI)
The penalty upon conviction of a fifth & subsequent DUI offense in Illinois:
Statutory summary suspension: 1 year automatic driving suspension MDDP (monitoring device driving permit) NOT available
- Fines: up to $25,000 fine
- Imprisonment: possible imprisonment of 6 to 30 years
- Drivers License Revocation: revocation of drivers license for life
- undergo an alcohol / drug evaluation
- complete an alcohol / drug remedial education program
- suspension of vehicle registration
- IL SR22 Insurance (proof of financial responsibility) 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 the age of 16
In addition to any other criminal or administrative sanctions: Mandatory fine of $25,000 and 25 days community service.
Implied Consent (Chemical Testing) Laws
In Illinois any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood if lawfully arrested for driving under the influence. It is an offense to refuse to submit or fail to complete a blood alcohol test when required to do so.
Chemical Test Refusal Penalties - Illinois
First Chemical Test Refusal
- Drivers License Suspension: 12 months automatic summary driving license suspension MDDP (monitoring device driving permit) available on 31st day of suspension after which the offender will only be permitted to drive vehicles with a BAAID (breath alcohol ignition interlock device).
- IL SR22 Insurance (proof of financial responsibility) Requirement
Second (and subsequent) Chemical Test Refusal(s)
- Drivers License Revocation: 3 years automatic drivers license suspension MDDP (monitoring device driving permit) NOT available
- IL SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Illinois
The maximum legal BAC (blood alcohol content) limits in Illinois for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Illinois it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Illinois it is an offense to drive any motor vehicle that requires a commercial drivers license with 0.04% or more, by weight, of alcohol in his/her blood.
SCHOOL BUS DRIVERS - BAC LIMIT = 0.00%
In the State of Illinois it is an offense to drive school buses with 0.00% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.00%
In the State of Illinois it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.00% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Illinois and implied consent laws are enforced.
