• Drivers under the age of 21 operating a motor vehicle with blood alcohol content (“BAC”) of 0.02 or higher;
• Drivers of any age operating a motor vehicle with BAC of 0.08 or higher; and
• Drivers operating a commercial vehicle with BAC of 0.04 or higher.

Penalties for a DUI conviction in Illinois include, but are not limited to, the following:

First DUI Conviction

• For a first DUI conviction in Illinois, the offenders could face up to 1 year of jail time and additional time if a child under the age of 16 was present in the vehicle at the time of the arrest.  In addition, first-time DUI offenders in Illinois will face up to $2,500 in fines, with additional $500 if BAC at the time of arrest was above 0.16 and additional $1,000 if a passenger under the age of 16 was present in the vehicle at the time of the arrest.  First-time DUI offenders in Illinois also will face license suspension for a minimum of one year and vehicle registration suspension.  First-time offenders will be ordered to complete a minimum of 100 hours of community service with mandatory 25 days if a child under the age of 16 was present in the vehicle.  

Second DUI Conviction

• For a second DUI conviction in Illinois, the offenders will face up to 1 year of jail time with 5 days of mandatory jail time or 240 hours of community service.  Offenders with BAC about 0.16 will face additional 2 days of mandatory jail time.  Those with a second DUI conviction who were arrested while a passenger under the age of 16 was present in the vehicle could face the charge of felony aggravated DUI that carries prison time of 1-3 years.  Second-time DUI offenders will also face fines up to $2,500, with $1,200 minimum if BAC was above 0.16 and up to $25,000 if a child under the age of 16 was in the vehicle at the time of the arrest.  Second-time offenders will face driver license suspension of a minimum of 5 years if their prior DUI was within 20 years and will also face vehicle registration suspension.  In addition, second-time offenders will be ordered to complete community service.

Third DUI Conviction

• A third DUI conviction in Illinois is a Class 2 Felony and carries with a 3-7 years of prison time. In addition, a third DUI conviction in Illinois requires a 90-day mandatory jail time if BAC at the time of the arrest was above .16.  The jail time increases in case a child under the age of 16 was present in the vehicle which makes the charges increase to felony aggravated DUI.  Third-time DUI offenders in Illinois also face fines up to $2,500 with $2,500 minimum if BAC was above .16 and mandatory $25,000 if a child under the age of 16 was present in the vehicle.  Third-time offenders will also face a minimum of 10-year license suspension and mandatory community service.

For more information of illinois DUI laws, review the State of Illinois DUI Fact Book (available in PDF)

Illinois DUI Laws Summary

In Illinois, anyone with a blood alcohol level of .08%, or greater, is considered to be DUI.  First time offenders will face up to one year in jail and a fine of up to $2,500.00.  At it’s discretion, the court may order the offender to attend a victim’s impact program, perform community service, etc.

First time offenders can expect to receive a license suspension for a minimum of one year.  Upon arrest, an accused will automatically have his/her license suspended for three months.  Anyone refusing to submit to a blood alcohol content test, on the other hand, will face an additional license suspension of six months.

Illinois offenders may be required to undergo some type of alcohol evaluation and/or treatment program if the court deems it necessary.  In some cases, a judicial driving permit may be issued if the court feels the driver is not a threat to the general public.  This type of permit will allow the offender to drive to and from certain places, including work, school, medical appointments and/or treatment programs.

Youthful offenders, who consist of anyone under the age of 21 with any trace of alcohol in their system, will be subject to license suspension for a period of three months.  If the individual refuses to submit to testing, he/she will face an additional six month suspension.  Anyone under the age of 21, who is convicted of DUI, will be subject of a fine up to $2,500.00 and the Secretary of State’s office will revoke his/her driving privileges for a minimum of two years.  In some cases, a restricted license may be granted after one year.

Individuals who are involved in a DUI, which causes personal injury or death, may face felony charges and much harsher penalties.

Upon conviction or an admission of guilt, DUI offenders are commonly faced with problems relating to their insurance company.  Immediately being labeled as “high risk” drivers, offenders are often dropped by their insurance company altogether or, at the very least, are required to pay much higher rates than before.  In the event that the offender is forced to look for a new insurance provider, he/she may have a difficult time finding a new company who offers high risk policies but, if they do, the rates will likely be extremely high for the amount of coverage granted.