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.
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:
These circumstances can increase the fines, jail time, and community service time for a DUI conviction.
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.
A first DUI in Illinois is a class A misdemeanor and carries fines, license revocation, and possible jail time.
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.
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.
For a first DUI conviction, the driver faces a one-year license revocation (two years if the driver is under the age of 21).
A second DUI in Illinois is generally a class A misdemeanor and carries fines, license revocation, and possible jail time.
Standard second offenses. Generally, a second DUI conviction carries:
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:
For child passenger cases, the offender must complete 25 days of community service in a program benefiting children
For a second DUI conviction, the following fines are imposed:
So, the fines vary significantly depending on the circumstances of the conviction.
For a second or subsequent DUI conviction within a 20-year period, the defendant's license is revoked for five years.
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.
A third DUI conviction carries:
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.
For a third DUI conviction, the following fines are imposed:
In cases that don't involve aggravating factors, there's no minimum fine amount.
A third DUI conviction results in a ten-year license revocation.
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.
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.
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.
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.