In Illinois, the penalties you'll face for a DUI conviction depend primarily on the number of prior convictions you have. This article covers the basics of Illinois DUI laws and the consequences of a second DUI conviction.
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, there will also be criminal penalties.
In some states, DUI convictions are only counted for a certain number of years. However, in Illinois, DUI convictions generally stay on your record and count as prior convictions forever.
A second DUI conviction can lead to lots of different penalties, including jail time, fines, and license suspension.
A second DUI conviction is generally a class A misdemeanor. A conviction carries:
High BACs. 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.
Child passengers. 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:
Depending on the circumstances of a second DUI conviction, the following fines are imposed:
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 below; 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.
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.
As briefly referenced above, a DUI offense can also lead to what's called a "statutory summary suspension." This is an administrative suspension imposed by the Secretary of State that is triggered by a DUI arrest and doesn't require a DUI conviction.
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.
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:
Illinois's DUI laws are complicated and the facts of each case are different. If you've been arrested for driving under the influence, it's a good idea to get in contact with a DUI lawyer in your area. An experienced DUI attorney can help you understand how the law applies in your case and decide how best to handle your situation.