DUI in Illinois

A DUI in Illinois can result in several different punishments.  Two separate cases will arise from your arrest, a court case and an Illinois Department of Motor Vehicles case.  The DMV has the authority to suspend your license, while the court can suspend your license, fine you, and even sentence you to jail time.

Possible drunk driving offenses in Illinois include the following:

  • Driving under the influence of alcohol, drugs, or combination of these
  • Driving with a blood alcohol content (BAC) of .08 or greater
  • Driving with detectable amounts of marijuana or other controlled substance in the blood
  • If under the age of 21, driving with a BAC greater than .00

Court Penalties:

If you’re convicted of a DUI, several things can happen.  If this is your first DUI, you may only be given court supervision.  Once the supervision time is over, the criminal case will be dismissed but will still remain in public records.

Court Fines Potential Jail Time* License Suspension
1st Conviction up to $1,000 up to 1 year Minimum of 1 year
2nd Conviction up to $1,000 2 days - 1 year Minimum of 3 years
3rd Conviction up to $10,000 up to 3 years Minimum of 6 years

*If a person under the age of 16 is in the car with you at the time of violation, jail time and fines may increase

If, however, you receive a full first conviction, you’ll find your driver’s license revoked for a minimum of one year, be fined up to $1,000, and serve up to one year in jail.

For a second conviction, your license can be suspended for up to five years.  Your third DUI results in a 10 year suspension.  A DUI in Illinois remains active for 20 years, which means any subsequent DUI you receive during that time will count as your second (or third, etc) offense.

Your first and second DUIs are usually listed as a misdemeanor unless a serious injury was involved, but your third (or greater) DUI will count as a felony.

Drunk Driving Under Twenty One

If you receive a DUI in Illinois and are under the age of 21, you will have your license revoked for at least two years for your first offense.  For your second, you’ll lose your driver’s license for five years or until you are 21, and for your third, you’ll lose your driving privileges for ten years.  You may, however, be eligible for a temporary permit that allows you to drive between 5 a.m. and 9 p.m.

Your third DUI is a class four felony and can result in three years in jail and or up to $25,000 in fines.  If you’re given a fourth DUI before you turn 21, you may have your license revoked for life.

Chemical Testing and Implied Consent Laws

Under Illinois state law, any licensed person operating a motor vehicle automatically gives his or her consent to an approved test (blood, breath, or urine) for the purposes of showing intoxication.  Any driver refusing to take a chemical test is subject to license suspension anywhere from 6 months to 3 years. The exception to this is the Preliminary Breath Test (PBT).  There is no penalty for refusing the PBT unless you are involved in an accident resulting in injury or fatality.

Tests must be administered by someone who is authorized to do so by the Department of Public Health and Department of State Police.  Blood tests must be carried out by a doctor, nurse, phlebotomist, paramedic, or other Department of Public Health approved personnel.  A driver accused of a DUI offense also has the right to request a second, independent, chemical test at his or her own expense.

License Suspension and the Ignition Interlock Device

As of 2009, Illinois drivers who have had their license suspended due to having a BAC of .08 or greater or because they have refused to take a chemical test, will not be permitted to apply for limited driving priveleges such as driving to and from work or school.  The only option available is to install an ignition interlock device for the duration of the suspension.  Expense of the device and installation will need to be covered by the driver.

If you are in need of legal assistance, consult with a DUI/DWI Attorney in your area to receive a free case review.
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