Illinois DUI Laws

Illinois, like most states, has what is referred to as an implied consent law. Any person whether they are a state resident or not, agrees to submit to a chemical test for drunk driving when they operate a motorized vehicle on Illinois roads. Refusal to be tested can result in penalties which are consistent with the DUI laws of the state and can result in a 6 month suspension of your driver’s license. Your driver’s license can be removed for 3 months if your refuse to take a chemical test. You may be given a temporary license for the first 30 days of your sentence or until your court appearance. You can be arrested even if you don’t show obvious signs of intoxication and convicted of a DUI in Illinois. The influence can be drugs, alcohol, or a combination of the two which includes inhalants. Illinois takes DUI offenses very seriously.

It is considered a crime in Illinois to operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. You can be arrested for a BAC as low as 0.05%. In the state of Illinois and you may be considered under the influence even if your BAC is lower than the state minimum if the arresting officer feels you are not fit to be behind the wheel of a car. Sentences are more severe for persons found to have a BAC of 0.15% or more. The “Per Se” BAC does not need any other proof of intoxication other than the 0.08% level for you to be convicted. The enhanced penalties applied to individuals with 0.15% will include more jail time, harsher fines, and driver’s license sanctions.

There is a zero tolerance policy in place for under age drinkers with the drinking age set at 21. The law states that drivers under 21 may not be 0.02% or more. Illinois has a zero tolerance policy in place for under age drinkers. DUI’s will be issued to 18 year olds or younger individuals with a measurable BAC over 0.00%, persons over 21 with a BAC of 0.08% and commercial drivers with a BAC of 0.04% or more. Cough syrup can put you at the 0.01 level of intoxication. The exceptions to the DUI rules are prescribed medications and alcohol consumed for religious purposes. The 0.08% is the limit in all of these cases.

In Illinois, anyone convicted of a DUI must install a Breath Alcohol Ignition Interlock Device (BAIID) in order to be given a reprieve on the driving privileges during their suspension period. The driver will have to perform a breath test every time they attempt to start their vehicle.



The first DUI conviction in Illinois will result in up to one year in jail plus 6 months if a child under 16 was present in the vehicle at the time of arrest. The fine may be as high as $2,500.00 unless the BAC was 0.16% or more. In this case, you may add an additional $500.00 to your fine. If a child under the age of 16 was present, you can add another $1,000.00 to your fines. Your license will be suspended for up to 1 year minimum and you will be required by the new laws to install a BAIID if you wish to be able to drive during your suspension. The registration of your vehicle will be suspended as well. If a child under 16 is involved you will have to serve 25 days of community service and if your BAC is over 0.16% you will have to serve a minimum of 100 hours of community service.

The second offense in Illinois will result in 3 to7 years in jail plus an additional 1 to 3 years if a child under 16 was present in the vehicle at the time of arrest as this is considered a Felony Aggravated DUI. You will be sentenced to 5 days of mandatory jail time or 240 hours of community service. If your BAC is over 0.16% you can add 25 days of mandatory jail time. The fine may be as high as $2,500.00 unless the BAC was 0.16% or more. In this case, you may add an additional $2,250.00 minimum to your fine. If a child under the age of 16 was present, you can add another $25,000.00 to your fines. Your license will be suspended for a minimum of 5 years. The registration of your vehicle will be suspended as well. If a child under 16 is involved you will have to serve 25 days of community service. The additional penalties will be applied to any DUI incurred within 20 years of the first.

The third offence in Illinois is a class 2 Felony and will result in 3 to7 years in jail plus an additional 1 to 3 years if a child under 16 was present in the vehicle at the time of arrest. If a child under 16 was present you will serve 90 days mandatory jail time. The fine may be as high as $2,500.00 unless the BAC was 0.16% or more. In this case, you may add an additional $2,500.00 to your fine. If a child under the age of 16 was present, you can add another $25,000.00 to your fines. Your license will be suspended for a minimum of 10 years. The registration of your vehicle will be suspended as well. If a child under 16 is involved you will have to serve 25 days of community service. The additional penalties will be applied to any DUI incurred within 20 years of the first.

Penalties for the fourth, fifth and sixth DUI Convictions in Illinois will become increasingly stiffer with each offense. The fourth offense is classified as a Class 2 Felony, the fifth offense is a Class 1 Felony and the sixth offense is a Class X Felony. All three convictions carry fines up to $25,000.00 and the loss of your license for life. You will also loose the registration to your vehicle. If your BAC is over 0.16% you will receive a mandatory fine of $5,000.00 and if there is a child under the age of 16 involved you will receive a mandatory fine of $25,000.00 minimum. You will also be required to perform community service in a child welfare program for 25 days. The 4th conviction comes with a jail time of 3 to 7 years. The 5th conviction carries 4 to 15 years of prison time and the 6th conviction has 6 to 30 years of jail time attached to it.