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Illinois DUI Law

Of the 1,356 traffic fatalities on Illinois highways in 2004, 467 involved a driver who had a Blood Alcohol Content of at least the legal limit (.08).  257 of the fatalities involved a driver who had a BAC of at least twice the legal limit.

Legal Standards

It is illegal to drive or be in actual control of a vehicle if:

  • Your Blood Alcohol Concentration is greater than .08,
  • You are under the influence of alcohol,
  • You are driving with a combination of drugs and alcohol in your system that impairs your ability to safely operate the vehicle, or
  • You are driving with any amount of marijuana in your system.

Penalties

First Offense:  Class A Misdemeanor

  • Up to $2,500 in fines, and/or
  • Up to 364 days in jail

Second Offense Within Five Years: 

  • Minimum 5 days in prison or 240 hours of community service
  • Up to $2,500 in fines and/or up to 364 days in jail

Third and Subsequent Offenses Within Five Years:

  • Minimum 10 days in prison or 480 hours of community service
  • Up to $2,500 in fines and/or up to 364 days in jail.

Transporting a Minor (Under 16) While Driving Drunk:  Illinois tacks the following penalties onto the sentences of those that transport a minor with a BAC over .08.  This statutory scheme punishes offenders more for violating the statute in a shorter period of time.

If the Violation is the First DUI Conviction

  • Additional fine of at least $1,000,
  • Additional 140 hours of community service (minimum), 40 of which must benefit children, and
  • Additional 2 days in jail.

If the Violation is the Second DUI Conviction in 5 Years

  • Additional fine of at least $1,750,
  • Additional 140 hours of community service (minimum), 120 of which must benefit children, and
  • Additional 12 days in jail.

If the Violation is the Second DUI Conviction in 10 Years

  • Additional fine of at least $1,750,
  • Additional 140 hours of community service (minimum), 80 of which must benefit children, and
  • Additional 12 days in jail.

If the Violation is the Second DUI Conviction, but Occurred More than 10 Years After the First One

  • Additional fine of at least $1,000,
  • Additional 140 hours of community service (minimum), 40 of which must benefit children, and
  • Additional 10 days in jail.

If the Violation is the Third DUI Conviction Ever:  Class 4 Felony

  • Additional fine of at least $1,000,
  • Additional 140 hours of community service (minimum), 40 of which must benefit children, and
  • Additional 30 days in jail.

If the Violation is the Third DUI Conviction in 20 Years:  Class 4 Felony

  • Additional fine of at least $3,000,
  • Additional 140 hours of community service (minimum), 80 of which must benefit children, and
  • Minimum 120 days in jail.

If the Violation is the Fourth or Subsequent DUI Conviction Ever:  Class 2 Felony

  • Additional fine of at least $3,000,

Driving While Highly Intoxicated - .16 or Greater BAC

Where the Violation was the First DUI Conviction:

  • Mandatory minimum 100 hours of additional community service, and
  • Mandatory minimum $500 additional fine

Where the Violation was the Second DUI Conviction Within 10 Years:

  • Mandatory additional 2 days in jail, and
  • Mandatory minimum $1,250 additional fine

Where the Violation was the Third DUI Conviction Within 20 Years:  Class 4 Felony

  • Mandatory minimum 90 days in jail, and
  • Mandatory minimum $2,500 additional fine

Circumstances that Escalate the Crime to “Aggravated DUI,” a Class 4 Felony:

Unless otherwise stated, these offenses are subject to a penalty of

  • Third and Subsequent DUI’s
  • DUI while driving a school bus
  • DUI resulting in a motor vehicle accident that caused serious bodily harm or permanent disability to another
    • Sentence: 1 – 12 years
  • Second DUI where the previous one resulted in a conviction for reckless homicide (death caused in a car accident where a DUI was involved)
  • The violation occurred while in a school zone during school hours AND the offender has a previous DUI that resulted in any injury to another person
  • DUI results in the death of another
    • One Death: 3 – 14 years
    • Two or More Deaths: 6 – 28 years

Ignition Interlock System:  The state will place an ignition interlock system on the automobile of anyone convicted of their second or subsequent DUI.  It is up to the local jurisdictions to determine the level at which the Interlock System will be calibrated and how long it must be attached.

Additional Fines:  Anyone convicted of a DUI faces an addition $500 fine ($1,000 for subsequent offenses).  20% of this fine goes to the arresting law enforcement agency and 80% of it goes to the State Treasurer for deposit in the General Revenue Fund.  This money is used to fund various alcohol and drunk driving related programs.

License Suspension

  • First Offenders:  3 month suspension
  • Second/Subsequent Offenders: 1 year suspension

Presumed Consent.  Those who drive on Illinois highways are deemed to have given consent to a chemical test.  However, drivers retain the ability to refuse this test.  Refusal results in license suspension of 6 months.  Drivers under 21 are subject to a 2 year suspension.  Anyone with a prior DUI is subject to a 3 year suspension for refusing to submit.