In Illinois, it's unlawful for a person to drive or be in "actual physical control" of a motor vehicle:
So, basically, you can get a DUI based on actual impairment or the amount of substances (drugs or alcohol) in your system.
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.
Generally, the criminal penalties imposed for DUI convictions are more severe if:
The chart below details the minimum and maximum penalties for first, second, and third DUI convictions.
|
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.
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 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.
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.