Illinois DUI Laws and Conviction Penalties

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 5 nanograms or more in the blood or 10 nanograms or more in another bodily substance within 2 hours of driving or being in actual physical control of a vehicle (see "How Is ‘Under the Influence' Defined" below for a discussion of medical marijuana).

(625 Ill. Comp. Stat. §§ 5/11-501, 5/11-501.2 (2025).)

How Is "Under the Influence" Defined?

DUI Per Se. You can get a DUI based on actual impairment or the amount of substances (drugs or alcohol) in your system. A DUI based on an amount of substances—.08% BAC or 5 or 10 nanograms of THC in Illinois—is called a "per se DUI." The prosecutor needs to show only that the driver had the prohibited BAC or THC level to convict. No additional proof that the driver was actually impaired is required.

The DUI per se for TCH doesn't apply to lawful users of cannabis who are patients with a valid medical marijuana card under the Compassionate Use of Medical Cannabis Program Act. But that doesn't mean a person with a medical marijuana card should drive after using marijuana. Illinois law allows medical marijuana users to be convicted of DUI if they're actually impaired by it. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

Actual Impairment. A person can be convicted of DUI without a chemical test. A person is under the influence if alcohol or drugs renders them unsafe to drive. If there's other evidence of intoxication, such as the motorist admitting to drinking or using drugs, having breath that smells of alcohol, and performing poorly on field sobriety tests. (625 Ill. Comp. Stat. § 5/11-501 (2025); State v. Eagletail, 24 N.E.3d 223 (Ill. App. Ct. 1st Dist. 2014).)

What Does Actual Physical Control Mean?

A person doesn't have to put the car in motion to be convicted of DUI in Illinois. Illinois only requires actual physical control of a vehicle. Whether someone is in actual physical control is determined by looking at several factors, including whether the defendant:

• possessed the ignition key
• could physically operate the vehicle
• was sitting in the driver's seat, and
• was alone with the doors locked.

(People v. Morris, 16 N.E.3d 269 (Ill. App. Ct. 1st Dist. 2014).)

A prosecutor doesn't need to show all of the above factors to show a person was in actual physical control. For example, a driver was found guilty of DUI after police found him passed out of the front seat of a parked car, with the ignition off, the driver's door open, and the keys in his hand around two o'clock in the morning. (People v. Morris, 16 N.E.3d 269 (Ill. App. Ct. 1st Dist. 2014).)

General 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. (See "Administrative and License-Related Consequences of an Illinois DUI," below.) 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
• a passenger younger than 16 was 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 for a DUI in Illinois depend mainly on the number of prior convictions. In Illinois, prior DUI convictions stay on your record forever.

Probation Often Is Included in DUI Penalties

For most DUI cases, the court will impose a period of probation. Probation often will be imposed instead of a jail sentence for misdemeanor cases. If the judge imposes a term of imprisonment, the offender generally will be on probation after release so the court can monitor the offender's compliance with substance abuse treatment and other conditions of the sentence.

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. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

Jail Time and Community Service for a First DUI in Illinois

Standard first offenses. Generally, a first DUI carries up to 364 days in jail, though there is no minimum jail time. (625 Ill. Comp. Stat. § 5/11-501; 730 Ill. Comp. Stat. § 5/5-4.5-55 (2025).)

First offenses with a high BAC. For cases involving a BAC of at least .16%, the offender must also complete 100 hours of community service. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

First offense with minor passengers. Where the offender was transporting a minor younger than 16, there's a 25-day community service requirement that must be completed in a program that benefits children. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

Fines for a First DUI in Illinois

For most first DUI convictions, the maximum fine is $2,500, but there's no mandatory minimum fine. (730 Ill. Comp. Stat. § 5/5-4.5-55 (2025).)

The minimum fine is $500 in cases involving a BAC of at least .16% and $1,000 in cases involving passengers younger than 16. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

License Revocation for a First DUI in Illinois

For a first DUI conviction, the driver faces a 1-year license revocation. (625 Ill. Comp. Stat. § 5/6-208 (2025).)

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. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

Jail Time and Community Service for a Second DUI in Illinois

Standard second offenses. Generally, a second DUI conviction carries:

• a minimum sentence of 5 days in jail or 240 hours of community service, and
• a maximum sentence of up to 364 days in jail.

(625 Ill. Comp. Stat. § 5/11-501; 730 Ill. Comp. Stat. § 5/5-4.5-55 (2025).)

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). (625 Ill. Comp. Stat. § 5/11-501 (2025).)

Second offense with minor passengers. A second DUI conviction involving a passenger younger than 16 is an aggravated DUI and a class 2 felony. A conviction carries:

• a minimum sentence of 10 days in jail or 480 hours of community service (if sentenced to a term of probation), and
• a maximum sentence of 3 to 7 years imprisonment (if certain aggravating factors are present, 7 to 14 years imprisonment).

For child passenger cases, the offender must complete 25 days of community service in a program benefiting children. (625 Ill. Comp. Stat. § 5/11-501; 730 Ill. Comp. Stat. § 5/5-4.5-35 (2025).)

Fines for a Second 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 younger than 16 (class 2 felony), and
• the minimum fine is $5,000 if the defendant had a passenger younger than 16 who suffered bodily harm as a result of a motor vehicle accident (class 2 felony).

(625 Ill. Comp. Stat. § 5/11-501; 730 Ill. Comp. Stat. § 5/5-4.5-50; 730 Ill. Comp. Stat. § 5/5-4.5-55 (2025).)

License Revocation for a Second DUI in Illinois

For a second or subsequent DUI conviction, the defendant's license is revoked for 5 years. (625 Ill. Comp. Stat. § 5/6-208 (2025).)

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. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

Jail Time and Community Service for a Third DUI in Illinois

A third DUI conviction carries:

• a minimum sentence of 10 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 3 to 7 years imprisonment (7 to 14 years imprisonment if aggravating factors are present).

Offenders who had a passenger younger than 16 in the vehicle are required to complete 25 days of community service in a program benefiting children. (625 Ill. Comp. Stat. § 5/11-501; 730 Ill. Comp. Stat. § 5/5-4.5-35 (2025).)

Fines for a Third 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 younger than 16, and
• the maximum fine is $25,000.

In cases that don't involve aggravating factors, there's no minimum fine amount. (625 Ill. Comp. Stat. § 5/11-501; 730 Ill. Comp. Stat. § 5/5-4.5-50 (2025).)

License Revocation for a Third DUI in Illinois

A third DUI conviction results in a 10-year license revocation. (625 Ill. Comp. Stat. § 5/6-208 (2025).)

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. (625 Ill. Comp. Stat. § 5/11-501.1 (2025).)

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. (625 Ill. Comp. Stat. § 5/11-501.1 (2025).)

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:

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. (625 Ill. Comp. Stat. 5/11-500 (2025).)

Illinois's Restricted License and Ignition Interlock Requirements

An Illinois driver whose license is suspended for a first DUI may obtain a monitoring device driving permit (MDDP). This permit requires the driver to install an ignition interlock device (IID). A vehicle with an IID won't start until the driver breathes into the IID with an alcohol-free breath sample. After installing an IID and obtaining a MDDP, a driver can legally drive. (625 Ill. Comp. Stat. §§ 5/6-206.1 (2025).)

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 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. (625 Ill. Comp. Stat. §§ 5/6-206 (2025).)

Is a DUI a Felony in Illinois?

In most states, a standard DUI is a misdemeanor, but a DUI can be a felony when certain aggravating factors are present. Illinois follows the same basic system. However, Illinois uses the term "aggravated DUI" for any DUI that's a felony. Below are some of the most common circumstances that can elevate a DUI to a felony in Illinois.

Third and Subsequent DUIs Are Felonies in Illinois

Third and subsequent DUI convictions are aggravated DUI offenses and felonies. The penalties become increasingly more severe with each subsequent offense. The defendant's BAC and having minor passengers can further increase the penalties. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

DUIs Resulting in Injuries Are Felonies in Illinois

A DUI resulting in great bodily harm, permanent disability, or disfigurement to another person is a class 4 felony. If a defendant is sentenced to imprisonment, it must be for at least 1 year but not more than 12 years. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

DUI and a Prior Conviction for an Alcohol-Related Reckless Homicide Offense in Illinois

It's a class 3 felony to commit a DUI when the defendant has a prior conviction for:

• an alcohol-related reckless homicide offense, or
• a DUI that resulted in great bodily harm or death to another person.

A conviction carries a sentence of two to five years in prison. (625 Ill. Comp. Stat. § 5/11-501; 730 Ill. Comp. Stat. § 5/5-4.5-40 (2025).)

DUIs Resulting in the Death of Another Person Are Felonies in Illinois

A DUI that involved a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident resulting in the death of another person is a class 2 felony. Unless the court determines that extraordinary circumstances exist that require probation, the defendant must be sentenced to prison for:

• 3 to 14 years if the violation resulted in the death of 1 person, and
• 6 to 28 years if the violation resulted in 2 or more deaths.

There's also a two-year license revocation for an aggravated DUI conviction that resulted in the death of another person. (625 Ill. Comp. Stat. § 5/11-501 (2025).)

DUIs Resulting in Bodily Harm to a Passenger Who Was Younger Than 16 Are Felonies in Illinois

A DUI that involved a motor vehicle accident resulting in bodily harm to a passenger who was younger than 16 is a class 4 felony. A conviction carries:

• one to three years imprisonment
• $2,500 mandatory fine, and
• 25 days of community service in a program benefiting children.

In these circumstances, the driver could also face child endangerment charges. (625 Ill. Comp. Stat. § 5/11-501; 730 Ill. Comp. Stat. § 5/5-4.5-45 (2025).)

A Second DUI With Underage Passengers Is a Felony in Illinois

A defendant who commits a second DUI while transporting a person younger than 16 is guilty of a class 2 felony. A conviction carries:

• three to seven years imprisonment
• a $2,500 mandatory fine, and
• 25 days of community service in a program benefiting children.

The mandatory fine is $5,000 if a passenger younger than 16 suffered bodily harm in a motor vehicle accident. (625 Ill. Comp. Stat. § 5/11-501; 730 Ill. Comp. Stat. § 5/5-4.5-35 (2025).)

Illinois's Underage DUI Laws and Penalties

Illinois is a zero-tolerance state for underage drinking and driving. In other words, state law makes it illegal for drivers who are younger than 21 to operate a vehicle with any amount of alcohol in their system. (625 Ill. Comp. Stat. § 5/11-501.8 (2025).)

Zero-tolerance violations (including refusing a chemical test) generally result in license suspension for a period of three months to two years, depending on the circumstances. The driver could face additional penalties, such as jail time and fines, if they're impaired enough to be convicted of a DUI. (625 Ill. Comp. Stat. § 5/6-208.2 (2025).)

Getting Help From 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.