The state of Illinois stipulates that it is illegal for individuals 21 and older to drive with a blood alcohol concentration of .08 percent or greater. Stricter laws apply to minors and commercial drivers. Illinois has zero-tolerance for minor drivers under the age of 21, who can receive a DUI with a .00 percent BAC. Commercial drivers with a BAC of .04 percent or greater can be found guilty of DUI.
Like many states, Illinois has an implied consent law, which authorizes police to subject suspected drivers to a chemical blood, breath, or urine tests for drugs and alcohol. Those who refuse to consent to the test are subjected to fines and automatic suspensions of their driver’s license. First-time refusals are penalized by a one-year suspension. Second- and third-time refusals are subjected to three-year suspensions. Fines are similar to those imposed for DUI offenses.
First Offense Illinois DUI Penalties
At first DUI offense is punishable by up to one year in prison with an additional six months added if a minor under the age of 16 was a passenger. A driver’s license suspension for a minimum of one year and a fine of up to $2,500 may be imposed. A minimum fine of $500 and a minimum of 100 hours of community service are added if the driver had a BAC above .16 percent. An additional $1,000 minimum fine and a minimum of 25 days of community service are added if a minor under the age of 16 was a passenger. Other possible penalties include the installation of an ignition interlock device, suspension of any vehicle registrations, and a technology fee of $750.
Second Offense Illinois DUI Penalties
A second DUI offense is punishable by a minimum five-year license suspension if the previous offense was in the last 20 years and a fine up to $2,500. Also, a mandatory five days of prison time or 240 hours of community service is imposed. However, up to one year of prison time is possible. If the driver had a BAC above .16 percent, two additional days are added to the prison sentence and a minimum of $1,250 is added to the fine. If a child under the age of 16 was a passenger, the driver is guilty of felony aggravated DUI, which is punishable by an additional one to three years of prison time, an additional fine of up to $25,000, and a minimum of 25 days of community service. Other penalties include the suspension of any vehicle registrations.
Third Offense Illinois DUI Penalties
A third DUI offense is considered a Class 2 felony. It is punishable by a minimum 10-year license suspension, a fine up to $2,500, and from three to seven years of prison time. If the driver had a BAC above .16 percent, a mandatory 90 additional days are added to the prison sentence and a minimum of $2,250 is added to the fine. If a child under the age of 16 was a passenger, the driver is guilty of felony aggravated DUI, which is punishable by an additional one to three years of prison time, a mandatory fine of $25,000, and a minimum of 25 days of community service.