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Illinois Impaired Driving Laws/Penalties

Driving under the influence is a crime. Aside from concerns for the personal safety of yourself and others, there are severe legal penalties and economic consequences if convicted. It is important to know that the DUI criminal charge is prosecuted in court and driver’s license sanctions are administered by the Secretary of State’s Office. If convicted of DUI in Illinois, the following penalties apply.

MINIMUM PENALTIES FOR DUI CONVICTIONS

CONVICTIONS

	First	Second	Third
Loss of driving Privileges	Minimum one year	Minimum 5 years	Minimum 10 years

Eligible for Restricted Driving Permit

Yes, Subject to Statutory Summary Suspension Provisions*

Yes, after 1 year revocation has been served and only with a BAIID installed in the drivers Vehicle

Yes, after 1 year revocation has been served and only with a BAIID installed in the drivers Vehicle for the lifetime of the RDP

Jail

Possible imprisonment
0 -12 months

Possible imprisonment
0 - 12 months; Mandatory 5

Days imprisonment
or 240 hours community service

Possible imprisonment 3-7 years, Mandatory 10 days imprisonment or 480 hours community service

Community Service Eligibility

100 hours

240 hours or 5 days in jail

Mandatory 480 hours community service or 10 days imprisonment

Fines

Up to $2,500

*An offender Requesting a Restricted Driving Permit after a first conviction will be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in the vehicle as part of driving relief

The above chart lists the major penalties for a DUI conviction. However, there can be many more consequences given the seriousness and complexity of DUI laws. For example, loss of work time, high risk auto insurance rates and meeting the requirements of the Secretary of State’s Department of Administrative Hearings prior to obtaining a restricted driving permit. A DUI offender is also required to complete an alcohol and drug evaluation and an alcohol/drug remedial education course and might be required to complete a substance abuse treatment program before driving privileges are reinstated. In addition, first time DUI offenders must drive only vehicles equipped with a BAIID device during their entire suspension period beginning January 1, 2009.