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

** BAC = blood alcohol content

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

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.

What is the minimum jail time?

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing)

Learn about Illinois Texting and Cell Phone Laws.

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.

 1st Illinois DUI Offense

First Drunk Driving Conviction

• Jail – Up to 1 Year Possible
• Jail – Add Up to 6 Months - (If Child under 16 in Vehicle)
• Fine – Up to $2,500
• Fine – Add $500 Minimum (BAC above .16)
• Fine – Add $1,000 Minimum - (If Child under 16 in Vehicle)
• License Suspension – Minimum 1 Year
• Breath Alcohol Ignition Interlock Device (BAIID) Possible
• Vehicle Registration Suspension
• Community Service – 100 Hours Minimum - (BAC above .16)
• Community Service – 25 Days - (If Child under 16 in Vehicle)

More Information: First Offense DUI in Illinois

2nd Illinois DUI Offense

Second Drunk Driving Conviction

• Jail – Up to 1 Year Possible, 5 Days Mandatory or 240 Hours of Community Service
• Jail – Add 2 Days - (BAC above .16)
• Jail – Up to 1-3 Years – Child under 16 in Vehicle (Felony Aggravated DUI)
• Fine – Up to $2,500
• Fine – Add $1,250 Minimum (BAC above .16)
• Fine – Add Up to $25,000 - Child under 16 in Vehicle (Felony Aggravated DUI)
• License Suspension – Minimum 5 Years (If Within 20 Years of Previous)
• Vehicle Registration Suspension
• Community Service: Minimum 25 Days if Child under 16 in Vehicle

More Information: Second Offense DUI in Illinois

3rd Illinois DUI Offense

Third Drunk Driving Conviction

• Jail – From 3-7 Years Possible (Class 2 Felony)
• Jail – Add 90 Days Mandatory - (BAC above .16)
• Jail – Up to 1-3 Years – Child under 16 in Vehicle (Felony Aggravated DUI)
• Fine – Up to $2,500
• Fine – Add $2,500 Minimum (BAC above .16)
• Fine – Mandatory $25,000 - Child under 16 in Vehicle (Felony Aggravated DUI)
• License Suspension – Minimum 10 Years
• Community Service – Minimum 25 Days if Child under 16 in Vehicle
• Vehicle Registration Suspension

More Information: Third Offense DUI in Illinois

4th, 5th and 6th Illinois DUI Convictions

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

New DUI Laws in Illinois - 2011

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.

2009 - New DUI Laws in Effect in Illinois

IL S 300 - Starting January 1st, 2009, any person arrested and convicted of a DUI must install a Breath Alcohol Ignition Interlock Device (BAIID) if they want driving relief during their driver license suspension. With the BAIID device installed the driver must submit a breath test every time the wish to start their vehicle. For more information please READ THE BILL

For a Summary of other 2009 DUI Law Changes in the State of Illinois please visit the NCSL Website.

Drinking and Driving Laws in Illinois

Illinois Drunk Driving and Wet Reckless Laws - Nolo.com

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.

Drunk Driving Laws in Illinois

State of Illinois BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Illinois

The implied consent law in Illinois means that any person that drives in the State of Illinois agrees to submit to a chemical test of their Urine, Blood or Breath. Refusal to submit to a chemical test may result in a similar penalty to the drunk driving laws listed above.

Additional Information on Drunk Driving Laws, Penalties and Fines in Illinois

New 2009 DUI Law - IL S 300 Read the Bill

Additional Illinois Information on this Website

Illinois Teen Driving Laws and Insurance Requirements

Illinois Cell Phone Driving Laws