DUI Laws in Illinois

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Driving Under the Influence (DUI)

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver's age, the driver's BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI.First Conviction Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration. If committed with a BAC of .16 or more. In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service. If committed while transporting a child under age 16. In addition to any penalties or fines, possible imprisonment of up to 6 months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children. If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000) In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children.

Second Conviction

Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration. If committed with a BAC of .16 or more. In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250.

If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000). If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000) In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

Third Conviction (Aggravated DUI)

Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.

If committed with BAC of .16 or more.In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.

If committed while transporting a child under age 16. In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth Conviction (Aggravated DUI)

Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

If committed with a BAC of .16 or more.In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. If committed while transporting a child under age 16. In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth Conviction (Aggravated DUI)

Class 1 felony (possible imprisonment of 4-15 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

If committed with a BAC of .16 or more. In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. If committed while transporting a child under age 16.In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Conviction (Aggravated DUI)

Class X felony (possible imprisonment of 6-30 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

If committed with a BAC of .16 or more.In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. If committed while transporting a child under age 16. In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Aggravated DUI

Any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or 10 days imprisonment. Aggravated DUI includes the following offenses: Third or subsequent DUI (Class 4-X felony; penalties vary according to offense see page 11).

DUI committed while driving a school bus carrying persons age 18 or younger (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony, imprisonment of 1-12 years, fines of up to $25,000). Revocation of driving privileges for a minimum of 2 years. Second or subsequent DUI committed while transporting a child under age 16 (Class 4-X felony; penalties vary according to offense). DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 4-X felony; penalties vary according to offense).

DUI committed without a valid driver license or permit (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). DUI committed without vehicle liability insurance (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).

DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 3 felony, 2-5 years of imprisonment, fines of up to $25,000).

DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).

DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). Any penalty imposed is in addition to the penalty for any subsequent DUI violation. Revocation period determined by offense.

DUI resulting in a death (Class 2 felony, imprisonment of 3-14 years; 6-28 years if more than one death; fines of up to $25,000). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration for the offense.

Additional Consequences of DUI

A DUI conviction is a permanent part of an offenders driving record. The offender may lose work time.

The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated.

The offender must meet the requirements of the Secretary of State Department of Administrative Hearings prior to obtaining an RDP.

The offenders vehicle may be impounded or seized.

A BAIID may be installed on the offenders vehicle as a condition of driving relief. For more information on BAIID requirements for driving relief following a DUI conviction, see the Restricted Driving Permit section on page 19.

The offender is required to carry high-risk auto insurance for 3 years.

The offenders vehicle registration will be suspended.

The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the statutory summary suspension, which is an administrative process. A person convicted of DUI whose driving privileges were suspended because of a statutory summary suspension will have that time credited to the minimum period of revocation of driving privileges.

If a driver is convicted of DUI in another state, the conviction will be added to his/her Illinois driving record and result in revocation of driving privileges.


The Official Website for Illinois Secretary of State Jesse White www.cyberdriveillinois.com

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