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.
It is illegal to drive or be in actual control of a vehicle if:
First Offense: Class A Misdemeanor
Second Offense Within Five Years:
Third and Subsequent Offenses Within Five Years:
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
If the Violation is the Second DUI Conviction in 5 Years
If the Violation is the Second DUI Conviction in 10 Years
If the Violation is the Second DUI Conviction, but Occurred More than 10 Years After the First One
If the Violation is the Third DUI Conviction Ever: Class 4 Felony
If the Violation is the Third DUI Conviction in 20 Years: Class 4 Felony
If the Violation is the Fourth or Subsequent DUI Conviction Ever: Class 2 Felony
Driving While Highly Intoxicated - .16 or Greater BAC
Where the Violation was the First DUI Conviction:
Where the Violation was the Second DUI Conviction Within 10 Years:
Where the Violation was the Third DUI Conviction Within 20 Years: Class 4 Felony
Circumstances that Escalate the Crime to “Aggravated DUI,” a Class 4 Felony:
Unless otherwise stated, these offenses are subject to a penalty of
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.
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.