Second DUI Offense in Illinois

In Illinois, it’s unlawful for a person to drive or be in “actual physical control” of a vehicle:

• with a blood alcohol content (BAC) of .08% or more
• while under the influence of alcohol
• while under the influence of any intoxicating compound, drug, or a combination of alcohol, drugs, or intoxicating compounds to a degree that the person is incapable of driving safely
• while there’s any amount of a controlled substance in the person’s blood, urine, or other bodily substance, or
• with a tetrahydrocannabinol (THC) concentration of five nanograms or more in the blood or ten nanograms or more in another bodily substance within two hours of driving or being 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.

Administrative Penalties

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:

• a BAC of .08% or more
• five nanograms or more of THC per milliliter of blood or ten nanograms or more per milliliter of another bodily substance, or
• any amount of a controlled substance in the person’s blood, urine, or other bodily substance.

If a motorist has a prior DUI conviction or has had a statutory summary suspension with the last five years, the suspension periods are:

• one year for a failed test, and
• three years for refusing or failing to complete a test.

Criminal Penalties

Jail and community service. A second DUI conviction is generally a class A misdemeanor. A conviction carries:

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

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:

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

Fines. Depending on the circumstances of 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 under 16 years of age (class 2 felony), and
• the minimum fine is $5,000 if the defendant had a passenger under the age of 16 years who suffered bodily harm as a result of a motor vehicle accident (class 2 felony).

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.