Illinois DUI Penalties

Arrested for drunk driving in Illinois? Did you refuse to take a chemical test or have blood alcohol content (BAC) above .08%? It is important to act quickly and request a hearing in court in order to prevent the automatic suspension of your driver’s license. This request for a hearing must be made before the driver’s license suspension begins, forty-six (46) days after your arrest. Should your license be suspended despite the hearing, you may be eligible to obtain a Judicial Restricted Driving Permit which would allow you to drive to and from work and doctor’s appointments during the period of time your license is suspended.

An overview of Illinois drunk driving penalties for those with blood alcohol content (BAC) of .08 - .15% can be found below. Harsher penalties can be expected for those whose BAC is .16% or higher at the time of arrest.

1st Offense

First time convicted offenders of Illinois drunk driving laws can expect to receive up to one (1) year in prison or probation, suspension of driver’s license for a minimum of two (2) years, one hundred (100) hours of community service, and up to $2,500 in fines. First time convicted DUI offenders over the age of twenty-one (21) are eligible for a Restricted Driving Permit (RDP) and may be ordered to have an ignition interlock device installed in their vehicle at their own expense.

2nd Offense

Drivers convicted of a second DUI / DWI offense in Illinois are subject to up to one (1) year in prison, driver’s license suspension for a minimum of five (5) years if the second offense was within twenty (20) years of the first and up to $2,500 in fines. The convict may be eligible for an RDP after one (1) year of the suspension of their driving privileges. Those convicted of a second drunk driving offense in Illinois will also be required to have an ignition interlock device in their vehicle at their own expense.

If, however, the second conviction falls within five (5) years of the first, the convicted DUI / DWI offender will face mandatory jail time of five (5) days OR two hundred forty (240) hours of community service in addition to other penalties for second time convicted DUI / DWI offenders mentioned above.

3rd Offense

A third DUI / DWI conviction in Illinois is a felony and may result in three (3) to seven (7) years in prison. Additionally, the convict will receive a minimum of ten (10) days in prison or four hundred eighty (480) hours of community service; up to $25,000 in fines, and the suspension of their driver’s license for a minimum of ten (10) years. The convicted DUI offender will also be required to have an ignition interlock device installed in their vehicle at their own expense.

4th Offense

Those convicted of a fourth violation of Illinois drunk driving laws are subject to all the penalties imposed upon third time convicted DUI offenders except the installation of the ignition interlock device. Fourth time convicted DUI offenders in Illinois do not have to worry about installing an ignition interlock device because they will have lost their driving privileges permanently.

DUI / DWI in Illinois is a serious offense, and convictions carry with them heavy penalties. If you or someone you know has been arrested for driving under the influence of alcohol or drugs in Illinois, it is important to contact an Illinois DUI or DWI attorney as soon as possible in order to protect your rights.