DUI Laws in Illinois

0.08 for drivers generally. Drivers under 21 face a license suspension for driving after consuming any amount of alcohol.

A first DUI is a Class A misdemeanor. Transporting a child under 16 adds 6 months of imprisonment, a $1,000 minimum fine and 25 days of community service, and a BAC of 0.16 or more brings added mandatory penalties. A DUI conviction requires the Secretary of State to revoke the driver's license. Administratively, a failed chemical test (0.08 or more) brings a 6-month statutory summary suspension for a first offender.

DUI becomes 'aggravated DUI,' a felony (generally Class 4), when, among other things: it is the person's third or later DUI; it causes great bodily harm, permanent disability or disfigurement to another person; it causes a death; the driver was driving a school bus with passengers or a for-hire vehicle with passengers; the driver's license was suspended or revoked for an earlier DUI, refusal or reckless homicide; the driver had no valid license or permit or knew the vehicle was uninsured; it is a second DUI committed while transporting a child under 16; or it caused bodily harm to a child under 16 being transported. A third violation is a Class 2 felony, a fourth is a Class 2 felony with no probation, and a fifth is a Class 1 felony with no probation; penalties are higher still for later violations and for fatal crashes.

Refusing or failing to complete chemical testing after a DUI arrest brings a statutory summary suspension of 12 months for a first offender, or 3 years for a person who is not a first offender. A first offender who refused testing is not eligible for a monitoring device driving permit but may apply for reinstatement or a restricted driving permit after one year.

The DUI statute's repeat-offense penalties (such as a mandatory 5 days in jail or 240 hours of community service for a second violation) apply to a person who violates the law 'a second time' without a stated time limit in that subsection.

The Illinois State Police say a DUI conviction (BAC .08 or more) stays permanently on the public driving record. For the criminal record, Illinois courts may not seal or expunge arrest records for a DUI that ended in court supervision or a conviction.

The Secretary of State may issue a restricted driving permit, where undue hardship would otherwise result, allowing driving between home and work or within job duties, to medical care for the driver or a household member, and to alcohol or drug treatment, among other purposes. First offenders under a DUI summary suspension may be eligible for a monitoring device driving permit (not available after a test refusal).