In Illinois, a person can be convicted of driving under the influence (DUI) for driving or being in “actual physical control” of a vehicle:
Following an arrest for DUI, there are generally administrative (license-related) penalties. Criminal penalties will also be imposed if the defendant is later convicted of DUI in court.
License suspension. Under Illinois’s implied consent law, all motorists are deemed to have given consent to a chemical test or tests if there’s probable cause to believe the person is under the influence of alcohol, drugs, intoxicating compounds, or any combination thereof. The Secretary of State will automatically suspend the license of any driver arrested for DUI who fails, refuses, or fails to complete chemical testing. This administrative process is known as a “statutory summary suspension.”
A person fails a chemical test if it discloses:
An offender who doesn’t have a prior DUI conviction and hasn’t had a statutory summary suspension within the last five years is subject to the following suspension periods:
Monitoring device driving permit. A monitoring device driving permit (MDDP) allows a person to drive for any purpose and at any time during the statutory summary suspension, as long as the vehicle is equipped with a breath alcohol ignition interlock device (BAIID). Generally, a first offender whose driving privileges have been summarily suspended will be issued an MDDP. However, drivers who refused chemical testing aren’t eligible for the permit.
Jail. A first DUI conviction is a class A misdemeanor in Illinois. A conviction carries:
Fines. The fines imposed for a first DUI conviction are:
Community service. Community service is imposed for first DUI convictions in the following circumstances:
License suspension. In addition to the statutory summary suspension discussed above, a person convicted of DUI for the first time will face a license suspension of one year. Any time the offender’s license was administratively suspended is credited towards the one-year suspension.
The defendant may apply for a restricted driving permit (RDP) to drive to work, school, medical appointments, and alcohol/drug treatment. In other limited circumstances, a person with an RDP can drive children, the elderly, and disabled persons. To obtain an RDP, the offender must demonstrate that a hardship exists and there’s no danger to public safety. If the person’s license has been suspended for a first DUI conviction and a statutory summary suspension, an IID must be installed in the vehicle for the duration of the RDP.
Alcohol/drug evaluation and treatment. All DUI offenders must complete an evaluation to determine if they have a substance abuse problem. If a substance abuse problem exists, the offender must undergo recommended treatment. Offenders can also be required to attend a victim impact panel (VIP). Generally, offenders are responsible for the costs of the evaluation, treatment, and VIP.