Illinois DUI Laws
In Illinois, a DUI arrest for failing chemical testing (defined as .08 percent blood alcohol content or greater) or refusing to submit to testing will result in an automatic suspension of your driver's license. Fortunately, you have 45 days to challenge this civil suspension. Even if you cannot get it overturned, you may be able to get a restricted permit to drive to places such as school and work. If this is your first offense, you may be eligible for a Monitoring Device Driving Permit (MDDP) which will allow you to drive to any location during the suspension period as long as your car is equipped with a breath alcohol ignition interlock device (BAIID). Contact a DUI attorney today for help getting your driving privileges restored as quickly as possible.
The civil suspension does not replace any penalties stemming from a criminal case. A first DUI conviction may result in a minimum of one year loss of full driving privileges, possible imprisonment for up to one year and a maximum fine of $2,500. The penalties may be even greater with aggravating factors such as blood alcohol content greater than .16, multiple offenses, underage driving, or a passenger under 16 years of age. In some cases, participation in DUI education and counseling can lessen the consequences of your conviction. A DUI lawyer can explain the range of possible punishments for DUI offenders in greater detail.
There are many ways to successfully defend a DUI charge depending on the facts and circumstances of the case. For example, some drivers fail roadside sobriety tests because of bad weather or certain medical conditions. If you have been arrested for DUI in Illinois, you should consult a DUI lawyer who understands the law and is prepared to fight to protect your rights.
Illinois DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Illinois BAC laws may differ from those of other states, as follows.
| Illinois BAC Laws | |
| Per Se Violation | BAC of: .08 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: approximately 90 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense | 6-month license suspension |
| Subsequent Offenses | 1-year license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 6-month or 1-year license suspension, depending on prior convictions |
| Temporary License | Yes, for 45 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1-year license suspension |
| Subsequent Offenses | 3-year license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 1- or 3-year license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | Up to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug/alcohol evaluation and education program |
| Second DUI/DWI Offense (within 20 years of 1st offense) | |
| License Suspension | At least 5 years (may have conditional license) |
| Prison Term and Community Service | 5 days to 1 year in jail or 240 days community service |
| Fines, Fees, and Surcharges | Approx. $2,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug/alcohol evaluation and education program |
| Third DUI/DWI Offense - Aggravated DUI/DWI | |
| License Suspension | At least 10 years (may have conditional license) |
| Prison Term and Community Service | 18 months to 7 years in jail; possible community service |
| Fines, Fees, and Surcharges | Approx. $25,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory drug/alcohol evaluation and education program |
| Aggravating Factors that can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Illinois State Police (www.isp.il.us), Illinois Secretary of State (www.cyberdriveillinois.com)