In Illinois, a person can be convicted of DUI for driving or being in "actual physical control" of a motor vehicle:
When a person is arrested for DUI, there are generally administrative (license-related) penalties imposed. If an offender is later convicted of DUI in court, criminal penalties will also be imposed.
The penalties imposed for DUI convictions generally depend on the following factors:
The charts below detail the minimum and maximum jail sentences and fines for first, second, and third DUI convictions.
1st Offense | 1st Offense (BAC .16% or more) |
1st Offense (Passenger under 16 years old) |
|
Jail Time |
364 days (maximum) |
364 days (maximum) |
6 months |
Fines |
$2,500 (maximum) |
$500 (minimum) |
$1,000 (minimum) |
2nd Offense | 2nd Offense (BAC .16% or more) |
2nd Offense (Passenger under 16 years old) |
|
Jail Time |
5 days (or 240 hours of community service) to 364 days |
2 days (minimum) |
10 days (or 480 hours of community service) to 7 years |
Fines |
$2,500 (maximum) |
$1,250 (minimum) |
$2,500 to $25,000 |
3rd Offense (BAC .16% or more) |
3rd Offense (Passenger under 16 years old) |
||
Jail Time |
10 days (or 480 hours of community service) to 7 years |
90 days (minimum) |
10 days (or 480 hours of community service) to 7 years |
Fines |
$25,00 (maximum) |
$1,250 (minimum) |
$25,000 (minimum) |
Motorists convicted of DUI face driver's license suspensions. The suspension periods for first, second, and third convictions are as follows:
1st Offense | 2nd Offense | 3rd Offense | |
Suspension Period |
1 year (2 years if driver is under 21 years old) |
5 years |
10 years |
After a first conviction, the defendant can apply for a restrictive driving permit (RDP) to drive for work, school, medical appointments, drug/alcohol treatment, and in other limited circumstances. The defendant must demonstrate that a hardship exists and there's no danger to public safety.
To regain full driving privileges after a second or subsequent DUI conviction, the defendant must first hold an RDP for five continuous years. Additionally, an ignition interlock device (IID) must be installed in the vehicle and used for five years.
Illinois's implied consent law requires all motorists to submit to chemical testing of breath, blood, urine, and/or another bodily substance if there's probable cause to believe the person was driving under the influence. The Secretary of State will automatically suspend the license of any motorist who fails or refuses to take a chemical test.
This administrative suspension ("statutory summary suspension") is for the following periods:
1st Offense | 2nd or Subsequent Offense | |
Suspension Period for Failed Test |
6 months |
1 year |
Suspension Period for Test Refusal |
1 year |
3 years |
Drivers under 21 years of age are subject to a zero-tolerance license suspension for failing or refusing a chemical test. If an underage driver refuses a test or has a BAC of more than .00% and less than .08%, the suspension periods are:
1st Offense | 2nd or Subsequent Offense | |
Suspension Period for Failed Test |
3 months |
1 year |
Suspension Period for Test Refusal |
6 months |
2 years |
Alcohol/drug evaluation and treatment. All DUI offenders must complete an alcohol/drug evaluation. The defendant must undergo recommended treatment if the evaluation indicates a substance abuse problem. Generally, the defendant is responsible for the costs associated with the evaluation and treatment.
Victim impact panel (VIP). All offenders are usually required to attend a VIP and pay the fee for the panel. The VIP is a panel of speakers that focuses discussions on the consequences of DUI related crashes.