Illinois DUI Laws

In the state of Illinois, more than 50,000 drunk drivers are arrested each year. Under Illinois drunk driving laws, “drunk” can mean: under the influence of alcohol, illegal drugs, and prescription drugs. If you are caught driving with a blood alcohol content level at or higher than the state limit, you will be arrested and charged with DUI. It is important to not that even if you are below the limit and an officer of the law believes you are impaired, you can still be cited for DUI. 

What is the blood alcohol concentration level (BAC) limit in the state of Illinois?

In the state of Illinois, it is a crime to operate a motor vehicle with a blood alcohol concentration level (BAC) of 0.08% or higher. You can still be cited for DUI if your BAC is between 0.05% and 0.08%. Sentence enhancements exist for cases involving a BAC of 0.15% or higher.

In the state of Illinois what is the administrative license suspension period for a first offense?

In the state of Illinois, if you get arrested for DUI, the administrative license suspension time for a first offense is 3 months. Under administrative license suspension, the drivers’ license will be taken before conviction when he either fails or refuses to be tested for alcohol or drugs. The driver may obtain a limited license after the first 30 days of the 3 month period.

In the state of Illinois, what are the penalties for a first DUI offense? Second offense?

In the state of Illinois, DUI convictions include interlock. For the first offense, your license will be suspended for one year, you may have to spend up to one year in jail, and you will be fined up to $1,000. If you are driving with a child under the age of 16 at the time of the offense, you will be fined an additional $1,000 and you will have to spend 2 extra days in jail. You will also have to complete a mandatory 140 hours of community service. 40 hours will be dedicated to a program benefiting children.

Second DUI offenses in the state of Illinois carry a penalty of a minimum 3 year suspension of your driver’s license, a mandatory 48 hours in jail up to one year, and a $1,000 fine. If you are driving with a child under the age of 16 at the time of the offense, you will be fined an additional $1,000 and you will have to spend 10 extra days in jail. You will also have to complete a mandatory 140 hours of community service. 40 hours will be dedicated to a program benefiting children.

For third DUI offenses, you can count on all of the above, but instead you will lose your license for no less than six years and you may go to jail for up to 3 years. If you are driving with a child under the age of 16 at the time of the offense, you will be charged with a Class 4 felony. You will receive a mandatory 30 days in jail and you will have to pay an additional $1,000 fine. You will also have to complete a mandatory 140 hours of community service. 40 hours will be dedicated to a program benefiting children. All DUI convictions in the state of Illinois are subject to interlock at the driver’s expense.