Learn about the penalties for DUI convictions in Illinois.
In Illinois, the consequences of a DUI conviction are serious, the severity of which depends mostly on the number of priors. This article covers important definitions and the penalties you'll face for a first, second, and third DUI offense in Illinois.
Illinois's DUI Law: How the Offense is Defined
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.
So, basically, you can get a DUI based on actual impairment or the amount of substances (drugs or alcohol) in your system.
Penalties for a DUI Conviction in Illinois
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.
Illinois's DUI Aggravating DUI Circumstances
Generally, the criminal penalties imposed for DUI convictions are more severe if:
- the defendant's BAC was .16% or more, or
- there was a passenger under the age of 16 in the vehicle.
These circumstances can increase the fines, jail time, and community service time for a DUI conviction.
Illinois's DUI Penalties are Structured Around Prior Convictions
The penalties you'll face for a DUI in Illinois depend mainly on the number of prior convictions. In Illinois, prior DUI convictions stay on your record forever.
You can jump ahead to read about the penalties for a:
In these sections, we detail the consequences of each type of DUI conviction.
First-Offense DUI Penalties in Illinois
A first DUI in Illinois is a class A misdemeanor and carries fines, license revocation, and possible jail time.
Jail Time and Community Service for a 1st DUI in Illinois
Generally, a first DUI carries up to 364 days in jail, though there is no minimum jail time.
For cases involving a BAC of at least .16%, the offender must also complete 100 hours of community service. Where the offender was transporting a minor under the age 16, there's a 25-day community service requirement that must be completed in a program that benefits children.
Fines for a 1st DUI in Illinois
For most first DUI convictions, the maximum fine is $2,500, but there's no minimum fine.
The minimum fine is $500 in cases involving a BAC of at least .16% and $1,000 in cases involving passengers under the age of 16.
License Revocation for a 1st DUI in Illinois
For a first DUI conviction, the driver faces a one-year license revocation (two years if the driver is under the age of 21).
Second-Offense DUI Penalties in Illinois
A second DUI in Illinois is generally a class A misdemeanor and carries fines, license revocation, and possible jail time.
Jail Time and Community Service for a 2nd DUI in Illinois
Standard second offenses. Generally, a second DUI conviction carries:
- a minimum sentence of five days in jail or 240 hours of community service, and
- a maximum sentence of up to 364 days in jail.
Second offenses with a high BAC. For cases involving a BAC of .16% or more, there's a two-day minimum jail sentence (community service isn't an option to avoid jail time).
Second offense with minor passengers. A second DUI conviction involving a passenger under the age of 16 years is an aggravated DUI and a class 2 felony. A conviction carries:
- a minimum sentence of ten days in jail or 480 hours of community service (if sentenced to a term of probation), and
- a maximum sentence of three to seven years imprisonment (if aggravating factors are present, seven to 14 years imprisonment).
For child passenger cases, the offender must complete 25 days of community service in a program benefiting children
Fines for a 2nd DUI in Illinois
For a second DUI conviction, the following fines are imposed:
- the maximum fine is $2,500 for a second DUI conviction that's a class A misdemeanor
- the maximum fine is $25,000 for a second DUI conviction that's a class 2 felony
- the minimum fine is $1,250 if the defendant's BAC was .16% or more
- the minimum fine is $2,500 if the defendant was transporting a passenger under 16 years of age (class 2 felony), and
- the minimum fine is $5,000 if the defendant had a passenger under the age of 16 years who suffered bodily harm as a result of a motor vehicle accident (class 2 felony).
So, the fines vary significantly depending on the circumstances of the conviction.
License Revocation for a 2nd DUI in Illinois
For a second or subsequent DUI conviction within a 20-year period, the defendant's license is revoked for five years.
Third-Offense DUI Penalties in Illinois
A third DUI conviction is an aggravated DUI offense, which is a class 2 felony. A conviction generally carries fines, license revocation, and possible jail time.
Jail Time and Community Service for a 3rd DUI in Illinois
A third DUI conviction carries:
- a minimum sentence of ten days in jail or 480 hours of community service (if sentenced to a term of probation)
- a minimum sentence of 90 days in jail (if the defendant's BAC was .16% or more), and
- a maximum sentence of three to seven years imprisonment (seven to 14 years imprisonment if aggravating factors are present).
Offenders who had a passenger under the age of 16 years in the vehicle are required to complete 25 days of community service in a program benefiting children.
Fines for a 3rd DUI in Illinois
For a third DUI conviction, the following fines are imposed:
- the minimum fine is $2,500 if the defendant's BAC was .16% or more
- the minimum fine is $25,000 if the defendant was transporting a passenger under 16 years of age, and
- the maximum fine is $25,000.
In cases that don't involve aggravating factors, there's no minimum fine amount.
License Revocation for a 3rd DUI in Illinois
A third DUI conviction results in a ten-year license revocation.
Administrative and License-Related Consequences of an Illinois DUI
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." This type of suspension is different than the revocation period the court imposed for a criminal conviction. However, the two are generally allowed to overlap.
Administrative Suspensions for Failed Tests and Test Refusals in Illinois
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.
Illinois's Restricted Driving Permit (RDP) Requirements
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.
Talk to an Illinois DUI Lawyer
It's pretty much never a good idea to represent yourself in a DUI case. If you've been arrested for driving under the influence, you should get in contact with a qualified DUI lawyer who can help you decide on how best to handle your situation.
