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Illinois DUI Laws

In the state of Illinois you will be charged with Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First Illinois DUI Offense

  • Up to one year imprisonment plus
  • 6 months if a child under 16 is in the vehicle.
  • Up to $2500
  • plus at least $500 if BAC is above 0.16%
  • plus at least $1000 if a child under 16 is in the vehicle
  • 1 year minimum license suspension
  • Ignition interlock device possible
  • Vehicle registration suspension
  • 100 hours minimum community service is BAC is above 0.16%
  • 25 days community service if child under 16 is in the vehicle

Second Illinois DUI Offense
  • 5 days to 1 year imprisonment or 240 hours community service
  • plus 2 days if BAC is above 0.16%
  • plus 1 to 3 years if child under sixteen is in vehicle (Felony Aggravated DUI)
  • Up to $2500
  • plus at least $1250 if BAC is above 0.16%
  • plus $25000 if a child under 16 is in the vehicle (Felony Aggravated DUI)
  • 5 year minimum license suspension if within 20 years of previous offense
  • Ignition interlock device possible
  • Vehicle registration suspension
  • 25 days minimum community service if child under 16 is in the vehicle

Third Illinois DUI Offense
  • Class 2 felony
  • 3 to 7 year imprisonment or 240 hours community service
  • plus 90 days if BAC is above 0.16%
  • plus 1 to 3 years if child under sixteen is in vehicle (Felony Aggravated DUI)
  • Up to $2500
  • plus at least $2500 if BAC is above 0.16%
  • plus $25000 if a child under 16 is in the vehicle (Felony Aggravated DUI)
  • 10 year minimum license suspension if within 20 years of previous offense
  • Vehicle registration suspension
  • 25 days minimum community service if child under 16 is in the vehicle

Fourth Illinois DUI Offense
  • Class 2 felony
  • 3 to 7 year imprisonment
  • Up to $25000 fine
  • plus at least $5000 if BAC is above 0.16%
  • plus $25000 if a child under 16 is in the vehicle (Felony Aggravated DUI)
  • Vehicle registration suspension and permanent loss of driving privileges
  • 25 days minimum community service if child under 16 is in the vehicle

Fifth Illinois DUI Offense
  • Class 1 felony
  • 4 to 15 year imprisonment
  • Up to $25000 fine
  • plus at least $5000 if BAC is above 0.16%
  • plus $25000 if a child under 16 is in the vehicle (Felony Aggravated DUI)
  • Vehicle registration suspension and permanent loss of driving privileges
  • 25 days minimum community service if child under 16 is in the vehicle

Sixth or Subsequent Illinois DUI Offense
  • Class X felony
  • 6 to 30 year imprisonment
  • Up to $25000 fine
  • plus at least $5000 if BAC is above 0.16%
  • plus $25000 if a child under 16 is in the vehicle (Felony Aggravated DUI)
  • Vehicle registration suspension and permanent loss of driving privileges
  • 25 days minimum community service if child under 16 is in the vehicle

Illinois’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a chemical test, you will face penalties similar to those listed above.