Illinois DUI Laws, Fines, and Consequences

Learn about the penalties for DUI convictions in Illinois.

In Illinois, it’s unlawful for a person to drive or be in “actual physical control” of a motor vehicle:

  • with a blood alcohol concentration (BAC) of at least .08%
  • while under the influence of alcohol
  • while under the influence of alcohol, intoxicating compounds, drugs, or a combination thereof to an extent that renders the person incapable of driving safely
  • with any amount of a controlled substance in the person’s blood, urine, or other bodily substance, or
  • with a tetrahydrocannabinol (THC) concentration of five nanograms or more in the blood or ten nanograms or more in another bodily substance within two hours of driving or being in actual physical control of a vehicle.

Penalties Imposed for Convictions

A driving under the influence (DUI) arrest typically leads to an administrative “statutory summary suspension” of an offender’s license under Illinois’s implied consent law. And if the offender is convicted of DUI in court, there are criminal penalties imposed in addition to the administrative consequences.

Criminal Penalties

Generally, the criminal penalties imposed for DUI convictions are more severe if:

  • the defendant’s BAC was .16% or more (get an idea of how many drinks it takes)
  • there was a passenger under the age of 16 in the vehicle, or
  • the defendant has prior DUI convictions.

The chart below details the minimum and maximum penalties for first, second, and third DUI convictions.

1st offense

2nd offense

3rd offense

Jail and Community Service

Maximum: 364 days

6 months (if passenger under 16 years)

100 hours of community service (if BAC .16% or more)

5 days (or 240 hours of community service) to 364 days

Minimum: 2 days (if BAC .16% or more)

10 days (or 480 hours of community service) to 7 years (if passenger under 16 years)

10 days (or 480 hours of community service) to 7 years

Minimum: 90 days (if BAC .16% or more)

Fines

Maximum: $2,500

Minimum: $500 (if BAC .16% or more) and $1,000 (if passenger under 16 years)

Maximum: $2,500

Minimum: $1,250 (if BAC .16% or more)

$2,500 to $25,000 (if passenger under 16 years)

Maximum: $25,000

Minimum: $2,500 (if BAC .16% or more) and $25,000 (if passenger under 16 years)

License Revocation

1 year (2 years if under 21 years of age)

5 years

10 years

Additionally, all DUI offenders who had a passenger under the age of 16 in the vehicle at the time of the offense must complete 25 days of community service in a program benefiting children.

Implied Consent and Refusing Chemical Testing in Illinois

Under Illinois’s implied consent law, all drivers are deemed to have given consent to chemical testing of breath, blood, urine, and/or another bodily substance if there’s probable cause to believe the person is under the influence.

The Illinois Secretary of State will automatically suspend the license of any motorist who fails or refuses to submit to chemical testing. This administrative suspension is known as a “statutory summary suspension.”

Generally, a person fails a chemical test if it discloses:

  • a BAC of .08% or more
  • five nanograms or more of THC per milliliter of blood or ten nanograms or more per milliliter of another bodily substance, or
  • any amount of a controlled substance in the person’s blood, urine, or other bodily substance.

A driver who’s under 21 years of age is subject to a zero-tolerance suspension if a chemical test discloses a BAC of more than .00%, but less than .08%. The statutory summary suspension applies to an underage offender whose BAC is .08% or more.

Motorists who fail or refuse to submit to chemical testing face the following suspension periods:

1st Offense

2nd Offense

3rd Offense

Suspension Period for Failed Test

6 months

1 year

1 year

Suspension Period for Test Refusal

1 year

3 years

3 years

Suspension Period for Failed Test (Underage)

3 months

1 year

1 year

Suspension Period for Test Refusal (Underage)

6 months

2 years

2 years

For purposes of Illinois’s implied consent law, a first offender is a person who hasn’t had a prior DUI conviction or a statutory summary conviction within five years of the current offense.

Other Penalties Imposed for DUI Convictions in Illinois

All DUI offenders must complete an alcohol/drug evaluation. If the evaluation indicates the existence of a substance abuse problem, the offender must complete the recommended treatment program. Offenders are also required to attend a victim impact panel (VIP), which is a panel compromised of victims of DUI offenders that focuses on the consequences of DUI accidents. The defendant is usually responsible for all fees associated with the evaluation, treatment, and VIP.

For second and subsequent convictions, the defendant is required to hold a restricted driving permit (RDP) for five continuous years as a condition of obtaining full driving privileges after the suspension. A defendant with an RDP can only drive for work, school, medical appointments, alcohol/drug treatment, and in other limited circumstances. An ignition interlock device (IID) must be installed and used in the defendant’s vehicle for five years and the defendant must pay $30 for each month the IID is used.

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