In the state of Illinois, DUI penalties may vary, depending upon the circumstances of the arrest and conviction. Some of the circumstances that may determine the outcome include the driver’s age, the driver’s Blood Alcohol Concentration (BAC) level and if they have had a previous DUI conviction. Any DUI offense resulting in felony charges is classified as Aggravated DUI.
Illinois DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First failed chemical test: statutory summary suspension of driving privileges for six months.
- Second failed chemical test: statutory summary suspension of driving privileges for three years. 625 ILCS 5/6-208.1.
- First conviction: minimum revocation of driving privileges for one year.
- Second conviction within 20 years: minimum revocation of driving privileges for five years.
- Third conviction: revocation of driving privileges for 10 years.
- Fourth or subsequent conviction: revocation of driving privileges for life.
- Any person who has been convicted of a second of subsequent offense must use IID for not less than five years on all vehicles. 625 ILCS 5/11-501.01(e).
Illinois DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction: Class A misdemeanor; jail sentence of up to one year; fine up to $2,500.
- Second conviction: Class A misdemeanor; jail sentence of at least five days or 240 hours community service; possible jail sentence up to one year; fine up to $2,500.
- Third conviction: Class 2 felony; jail sentence of three to seven years; fine up to $25,000.
- Fourth conviction: Class 2 felony; jail sentence of three to seven years; fine up to $25,000.
- Fifth conviction: Class 1 felony; jail sentence of four to 15 years; fine of up to $25,000.
- Sixth conviction: Class X felony; jail sentence of six to 30 years; fine of up to $25,000. 625 ILCS 5/11-501. There are enhanced penalties if a driver commits a violation that aproximately causes a “motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another.” 625 ILCS 5/11-501(d)(1)(C).
Child endangerment
- There are enhanced criminal penalties if a driver commits a violation while a child under age 16 is a passenger. 625 ILCS 5/11-501(c)(3).
DUI Arrest Statistics and Illinois Drunk Driving
DUI Arrest Statistics | Data | |
Average number of people arrested annually for drunk driving | 1,500,000 | |
Illinois DUI | 4,909 | 12,869,257 |
* Sources: State Justice Department, Federal Highway Administration