Third DUI Offense in Illinois

In Illinois, motorists are prohibited from driving or being 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 imposed, even if the person isn't convicted of DUI in court. And if the defendant is subsequently convicted of DUI, criminal penalties will also be imposed.

Administrative Penalties

License suspension. In Illinois, the Secretary of State will automatically suspend the license of any driver arrested for DUI who fails, refuses, or fails to complete a chemical test of breath, blood, urine, and/or other bodily substance. When a motorist's license is administratively suspended, it's referred to as a "statutory summary suspension."

In most circumstances, failing a chemical test 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 an offender has a prior DUI conviction or a statutory summary suspension within the last five years, the suspension periods are:

• one year for a failed test, and
• three years for a refusal or failure to complete a test.

Criminal Penalties

Jail. A third DUI conviction is an aggravated DUI offense, which is a class 2 felony. A conviction carries:

• a minimum sentence of ten 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 three to seven years imprisonment (seven to 14 years imprisonment if aggravating factors are present).

Community service. A third DUI conviction committed by a defendant who had a passenger under the age of 16 years in the vehicle is required to complete 25 days of community service in a program benefiting children.

Fines. 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 under 16 years of age, and
• the maximum fine is $25,000.

License suspension. A third DUI conviction results in a ten-year license suspension, in addition to the statutory summary suspension discussed above. However, the time the defendant's license was summarily suspended is credited towards the ten-year suspension.

Restrictive driving permit. To obtain driving privileges after the suspension, the defendant must hold 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. The defendant must install an ignition interlock device (IID) in the vehicle to obtain an RDP. An IID must be used for at least five years and the defendant must pay $30 for each month the IID is used. Additionally, the defendant can be required to participate in a "designated driver remedial" or "rehabilitative program" as a condition to the issuance of an RDP.

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 complete any treatment recommended after the evaluation. Offenders are usually responsible for the costs of the assessment and the treatment program.

Victim impact panel. All DUI offenders might also be required to attend a victim impact panel (VIP) and are generally responsible for the fee associated with the class.