In Illinois, it’s unlawful for a person to drive or be in “actual physical control” of a vehicle:
When a person is arrested for driving under the influence (DUI), there are generally administrative (license-related) penalties. If the defendant is subsequently convicted of DUI in court, criminal penalties will also be imposed.
License suspension. In Illinois, all motorists are required to submit to chemical testing of breath, blood, urine, and/or other bodily substance if there’s probable cause to believe the person is under the influence.
Under Illinois’s implied consent law, 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 suspension is referred to as a “statutory summary suspension.”
Failure of chemical testing generally means a motorist has:
If a motorist has a prior DUI conviction or has had a statutory summary suspension with the last five years, the suspension periods are:
Jail and community service. A second DUI conviction is generally a class A misdemeanor. A conviction carries:
In addition to other penalties, if the defendant’s BAC was .16% or more at the time of the second offense, there’s a minimum of two days in jail.
A second DUI conviction committed by a defendant who had a passenger under the age of 16 years in the vehicle is an aggravated DUI and a class 2 felony. Such a defendant must complete 25 days of community service in a program benefiting children in addition to other penalties imposed. A second DUI conviction under these circumstances carries:
Fines. Depending on the circumstances of a second DUI conviction, the following fines are imposed:
License suspension. For a second or subsequent DUI conviction within a 20-year period, the defendant’s license is suspended for five years. This suspension is in addition to the statutory summary suspension discussed above. However, the time the offender’s license was summarily suspended is credited towards the five-year suspension.
To obtain driving privileges after the suspension, the defendant must have been issued a restricted driving permit (RDP) for a continuous period of at least five years. An RDP allows offenders to drive for work, school, medical appointments, alcohol/drug treatment, and in other limited circumstances. If the person’s license has been suspended due to two or more DUI convictions, an ignition interlock device (IID) must be installed in the vehicle to obtain the RDP. Use of an IID is required for at least five years and the defendant must pay $30 for each month the IID is used.
Alcohol/drug evaluation and treatment. All DUI offenders must complete an alcohol and drug evaluation to determine if a substance abuse problem exists. The defendant must undergo recommended treatment if the evaluation indicates a substance abuse problem. Offenders are also typically required to attend a victim impact panel (VIP) and are generally responsible for all costs associated with the evaluation, treatment, and VIP.