Illinois DUI Penalties

Each state has its own laws and penalties regarding driving under the influence (DUI). Regulations and penalties regarding DUI have also changed over the years. Experienced DUI attorneys know the intricacies of the current DUI laws in the state where they practice. Chicago DUI attorneys have the expertise to navigate the legal system and the knowledge of how to enact a compelling defense for people facing DUI charges in Illinois. The following tables simplify the Illinois laws and penalties for DUI.

Failing Chemical TestingRefusing to Submit to Chemical Testing
First Offense―suspension of driving privileges for 6 months (eligible for Monitoring Device Driving Permit (MDDP) on day 31); Illinois dui first time offender.First Offense―suspension of driving privileges for 12 months (eligible for MDDP on day 31)
Second Offense or subsequent offense―suspension of driving privileges for 12 months (not eligible for driving relief)Second or subsequent offense―suspension of driving privileges for 3 years (not eligible for driving relief)

Penalties for DUI vary depending on the circumstances of the arrest. The age of the offender, the blood alcohol level (BAC), and the presence of minor children will have an impact on the penalties.  The following chart shows the penalties for a driver over the age of 21, with a BAC between .08 and .15 without children under the age of 16 present. A BAC level of .16 or higher or having children under the age of 16 in the car increases the penalties. These circumstances will increase fines, and add jail time or community service. Each subsequent offense also adds fines, and jail time or community service. Illinois has a zero tolerance policy for drivers under the age of 21.  Drivers under the age of 21 must have a BAC of 0. Any BAC over 0 will result in an arrest.

Illinois DUI Penalties
First Conviction
Class A Misdemeanor
Revocation of driving privileges 1 year (2 years if under 21)
Suspension of vehicle registration
Second Conviction (within 20 years)
Class A Misdemeanor
Mandatory minimum imprisonment of 5 days or 240 community service
Revocation of driving privileges for 5 years
Suspension of vehicle registration
Third Conviction (Aggravated DUI)
Class 2 felony
Revocation of driving privileges for 10  years
Suspension of vehicle registration
Fourth Conviction (Aggravated DUI)
Class 2 felony
Revocation of driving privileges for life (no relief available)
Suspension of vehicle registration
Fifth Conviction (Aggravated DUI)
Class 1 felony
Revocation of driving privileges for life (no relief available)
Suspension of vehicle registration
Sixth or Subsequent Conviction (Aggravated DUI)
Class X felony
Revocation of driving privileges for life (no relief available)
Suspension of vehicle registration

There are also additional consequences to a DUI conviction, including:

  • The DUI conviction becomes a permanent part of your driving record.
  • You may lose work time.
  • You are required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before receiving driving privileges.
  • You must meet the requirements of the Secretary of State’s Department of Administrative Hearings.
  • A Breath Alcohol Ignition Interlock Device (BAIID) may be installed on your vehicle as a condition of driving relief.
  • You will be required to carry high-risk auto insurance for 3 years.
Illinois DUI Penalties for Misdemeanor and Felony
Class A misdemeanor
  • Possible imprisonment of up to 1 year
  • Fines of up to $2,500
Class 4 felony
  • Possible imprisonment of 1-3 years
  • Fines of up to $25,000
  • Aggravated DUI involving injury—Possible imprisonment of 1-12 years and fines of up to $25,000.
Class 3 felony
  • Possible imprisonment of 2-5 years
  • Fines of up to $25,000
Class 2 felony
  • DUI—Possible imprisonment of 3-7 years; fines of up to $25,000.
  • Aggravated DUI with 1 death—Possible imprisonment of 3-14 years; fines of up to $25,000.
  • Aggravated DUI with multiple deaths—Possible imprisonment of 6-28 years; fines of up to $25,000.
Class 1 felony
  • Possible imprisonment of 4-15 years
  • Fines of up to $25,000
Class X felony
  • Imprisonment of 6-30 years
  • Fines of up to $25,000

Illinois DUI laws and penalties are quite complex.  The penalties of DUI are very serious.  Always choose a Chicago DUI attorney that has the experience to help you understand the charges and the skill to defend your case in court.

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