Illinois Drunk Driving Fines & Penalties

Learn about the penalties for a DUI conviction in Illinois.

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What are the penalties for a DUI in Illinois?


1st Offense

2nd Offense

3rd Offense

Jail

Up to 1 year

Up to 1 year

3 to 7 years

Fines and Penalties

Up to $2,500

Up to $2,500

Up to $2,500

License Suspension

Min. 1 year

Min. 5 years

Min. 10 years

IID** Required

Yes

Yes

Yes

4th, 5th and 6th Illinois DUI Convictions

Please see the State of Illinois DUI Fact book (PDF Download)

Lookback Period: (Period of time that prior DUIs are relevant for sentencing) Your driving record goes back to when you got license privileges in Illinois. In other words, any prior DUI will count as a prior offense. 

**Interlock Ignition Device

How much do you have to drink (BAC*) for a DUI in Illinois?

Under 21

.00% - zero tolerance

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Illinois?

Illinois has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Illinois’s implied consent law.

 

1st Offense

2d offense

3rd Offense

Refusal to take test

1 year license suspension

3 years license suspension

3 years license suspension

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Illinois?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in Illinois.

New DUI Laws in Illinois

Effective January 1, 2011, Illinois has amended the Unified Code of Corrections providing that those convicted of a DUI accident that occurred on or after the amendment date where the accident was the proximate cause of great bodily harm or permanent shall receive no more than 4.5 days of good conduct credit for each month of the offender’s sentence of imprisonment.

Additionally, Illinois increases the amount of technology fees from $500 to $750 usually imposed on first-time offenders who are found guilty or who plead guilty to violating the DUI provision of the Illinois Vehicle Code. Also, Illinois adds a ”summary revocation” to the summary suspension procedures. This provides that a person who refuses to submit to alcohol testing following a DUI arrest involving an accident that causes a Type A personal injury (or death) to another will have his or her license revoked summarily on the 46th day following the arrest.

Drinking and Driving Laws in Illinois

The State of Illinois drunk driving laws start with the .08 percentage blood alcohol concentration (BAC) limit.Like all states across the country Illinois prohibits driving with a .08 percent BAC or above. If you are under 21 years of age in Illinois there is a "Zero" tolerance for alcohol and driving. The only exceptions are for individuals who consume alcohol as part of a religious ceremony or in prescribed medicine containing alcohol. Even with the exceptions, driving with a BAC of .08 is the limit in all cases.

How many drinks does it take to reach the legal limit in Illinois? There isn't one calculation that works for all drivers. Variables such as body-fat percentage, age, weight, genetics and number of drinks consumed over a given time-frame all contribute to the DUI formula. Studies have show that some individuals could have as much as a .05 percentage increase in their BAC for each drink consumed. Given that number, it would take very few drinks to become legally impaired in the state of Illinois.

The best answer is not to drink and drive. The State of Illinois has strict laws for drunk driving, and when you drink and drive in Illinois, you risk your freedom, finances and your future.

If you are convicted of a DUI in the State of Illinois, the first offense will result in a minimum 1 year suspension of your drivers license. In addition, you may be imprisoned for up to one year and fined up to $2,500. If the driver was transporting a person under the age of 16 at the time of the violation, is subject to an additional mandatory minimum fine of $1,000, and 25 days of community service.

For your second drunk driving conviction in Illinois, you will receive a Minimum 5 year suspension of your drivers license. You will also receive a mandatory 5 days in jail or 240 days of community service. You may receive up to 1 year in jail for your second drunk driving conviction in Illinois and a maximum fine of $2,500. If, at the time of the second violation the person was transporting a person under the age of 16, the driver is subject to up to 1-3 years of imprisonment, an additional fine up to $25,000.

If you are unfortunate enough to receive your 3rd drunk driving conviction in Illinois you will receive a minimum 10 year loss of your driving privileges and you may be imprisoned for up to 7 years. In addition, you will also receive a maximum fine of $2,500. If, at the time of the third violation, the person was transporting a person under the age of 16, the driver is guilty of a Class 4 felony and shall receive, in addition to any other penalty imposed, an additional mandatory fine of $25,000, an additional mandatory 25 days of community service and up to 1 to 3 years imprisonment.

by: , Attorney

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