ILLINOIS DUI LAW

Blood Alcohol Content (BAC) for Driving Under the Influence (DUI) in Illinois:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .00% or above
• Professional Drivers: .04% or above
• High BAC: .16% or above

Implied Consent and Chemical Test Refusal: Refusal to take a chemical BAC test when you are pulled over in Illinois can have serious consequences. According to Illinois Implied Consent Law, you implicitly consent to a blood, breath, or urine test for the purposes of determining your BAC. If you do not allow an officer to perform this test, your license will automatically be suspended for six months. If you refuse a second time within five years, your license will be suspended for three years.

If you refuse to submit to a chemical test and your BAC level is found to be greater than .08% and you are arrested for DUI, your license will be suspended for either 6 months or 1 year. This is called a Statutory Summary Suspension and will begin on the 46th day after notice.

You should seriously consider hiring an Illinois DUI attorney in the county where you were arrested for DUI. Because drunk driving in Illinois is automatically classified as a criminal offense, the penalties can be severe, and a Illinois DUI lawyer can help you to understand your options and potentially mitigate the penalties.

DUI Arrest - Civil Case

Potential Penalties:

• License Revocation:
  • First DUI Conviction: Minimum of 1 year.
  • Second DUI Conviction: Minimum of 5 years if it is within 20 years of your first DUI conviction.
• Monetary Fines:
  • First DUI Conviction: Up to $2,500, plus a minimum of $500 if you have a BAC over .16%, plus a minimum of $1,000 if there was someone under age 16 in your car.
  • Second DUI Conviction: Up to $2,500. If you have someone under the age of 16 in the car, add up to $25,000. Add an extra $1,250 if your BAC was above .16%.
• Community Service:
  • First DUI Conviction: Minimum of 100 hours if you had a BAC above .16%. If there was a child under 16 in the car at the time you were stopped, you must serve 25 days of community service.
• Probation:
  • First DUI Offense: If you are driving on a suspended or revoked driver’s license, or if you have no license or no insurance, probation can be imposed for up to 30 months.
  • Second DUI Offense: If you have no license, or a suspended or revoked license, or if you have no insurance, probation may be imposed for 30 months. If there is a child under 16 in the car with you, probation can be up to 48 months.
• Motor Vehicle Impound: As soon as you are arrested for DUI the officer may impound your vehicle.
• Ignition Interlock: Illinois mandates the use of an ignition interlock device for first time DUI offenders. You should contact an Illinois DUI attorney for more information about the Illinois Breath Alcohol Ignition Interlock Device (BAIID) program.
• Prison Time:
• First DUI: Maximum of 1 year. But, if you have someone under 16 in your car at the time you are pulled over, 6 months can be added to the time you are required to serve. Note that prison time can drastically increase for a DUI if someone is injured.
• Second DUI: Mandatory prison time of 5 days, but possible prison time up to 1 year.

DUI Arrest - Criminal Charges

In Illinois, drunk driving is a crime. Contact an Illinois criminal attorney to represent you if you have been criminally charged with DUI. Criminal charges can remain on your permanent record for years and can result in extensive prison time. A lawyer can help to mitigate the damage of a criminal conviction to your future.

Potential Criminal Charges: You will be charged with a Class A misdemeanor for your first DUI offense in Illinois. Your third offense is charged as a Class 2 felony. However, if someone is injured while you are driving under the influence, or if there has been property damage, the criminal penalties can be much more severe.

Reinstating Your License After DUI Conviction: If your license was suspended for DUI, you will have to pay $250 for your first suspension and $500 for all subsequent suspensions in order to reinstate your driver’s license. If your license has been revoked, it will cost you $500 to have it reinstated. You must also provide evidence that you have liability insurance (in the form of an SR-22 Certificate of Insurance form). To process the reinstatement you may either visit one of the Secretary of State facilities or mail the fee and evidence of insurance to the Office of the Secretary of State, Mandatory Insurance Division.

Effect of DUI on Car Insurance: Following a DUI conviction you are required to have SR-22 auto insurance for 3 years. You must find an insurance company willing to file an SR-22 Certificate of Insurance on your behalf which can be challenging and very expensive after a DUI conviction. Usually your liability insurance rates will increase dramatically.

Effect of DUI on Driving Record: A DUI will remain on your Illinois driving record for the rest of your life.

Under 21 and DUI: Illinois’ Zero Tolerance Law provides that if you have even the smallest trace of alcohol in your system (i.e., if your BAC is above 0%), your driving privileges will automatically be suspended for three months. If you are convicted of DUI, your driving privileges will be revoked for at least two years. If you refuse to submit to a chemical test when an officer pulls you over, your privileges will be suspended for 6 months.

Illinois Resources

Illinois DUI Statutes

Cyberdrive Illinois