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Illinois DUI Penalties

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At Norris and Callahan we can contest your DUI suspension if you call us immediately at 1-888-DUI-IL-14. Every day you wait reduces the chance for us to beat your suspension! We can file motions to beat the DUI suspension before it ever goes into effect - but again the sooner we begin to work for you - the better.

When we file our legal motions, it starts a "clock" that works for our client and against the State of Illinois. The fact that the 46 day clock starts when someone is pulled over for a DUI in Illinois makes it more important to start a "clock" that works for them.   If the State of Illinois fails to give our client a hearing on our motions within 30 days from the date we filed it (or on the first court date) they will not be able to suspend our client's Illinois drivers license.  Thus, saving them from being suspended at all!

Statutory Summary Suspension

A Statutory Summary Suspension is an administrative procedure providing for the automatic driver’s license suspension of a driver arrested for DUI in Illinois who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing.

• Penalty for failing chemical testing in Illinois:
  First offense—mandatory 6 month driver's license suspension
  Second offense—mandatory 12 month Illinois license suspension
• Penalty for refusing to submit to chemical testing in Illinois:
  First offense—mandatory 12 month driver's license suspension
  Second offense—mandatory 36 month Illinois driver's license suspension

A Statutory Summary Suspension should not apply to an individual who has a BAC of less than .08. If a BAC greater than .05 and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine any penalties.  The license should not face suspension, but in many cases we have seen the State attempt to do so even though the law says otherwise.

Summary suspensions are automatic, effective on the 46th day from the notice date of the suspension. According to Illinois law, this suspension of driving privileges does not take the place of criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the legality of an arrest; however, the request does not stop the suspension from taking effect.

An MDDP  (Monitoring Device Driver's Permit) may be available to qualifying offenders during
the suspension period.

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Statutory Summary Suspension Penalties in Illinois

PENALTIES FOR DUI CONVICTIONS IN ILLINOIS (Under Age 21)

• Loss of Driving privileges
  First DUI Offense: Minimum 2 Years
  Second DUI Offense: Minimum 5 Years
  Third DUI Offense: Minimum 10 Years
• Eligible for RDP
  First DUI Offense: Yes, after the first year.*
  
  Second DUI Offense: Yes, after 1 year. Installation of a BAIID is required in the driver's vehicle for the life of the RDP.
  
  Third DUI Offense: Yes, after 1 year. Installation of a BAIID is required in the driver's vehicle for the life of the RDP.
• Jail
  First DUI Offense: Possible 0-12 months imprisionment
  
  Second DUI Offense: Possible 0-12 months imprisionment; mandatory 5 days (or 30 days community service) if in 5-year period
  
  Third DUI Offense: Class 4 felony with possible imprisionment 1-3 years
• Community Service
  First DUI Offense: 100 hours
  
  Second DUI Offense: 30 days (or 5 days in jail) if within a 5-year period
  
  Third DUI Offense: If given probation possible 30 days
• Fines
  First DUI Offense: up to $2,500
  Second DUI Offense: up to $2,500
  Third DUI Offense: up to $25,000

* An offender requesting an RDP after a first conviction may be required to have a BAIID installed in the vehicle as part of driving relief.

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PENALTIES FOR DUI CONVICTIONS IN ILLINOIS
(Age 21 and over with a BAC of .08 to .15)

• Loss of Driving privileges
  First DUI Offense: Minimum 1 Years
  Second DUI Offense: Minimum 5 Years
  Third DUI Offense: Minimum 10 Years
• Eligible for RDP
  First DUI Offense: Yes
  
  Second DUI Offense: Yes, after 1 year revocation has been served and only with a BAIID installed in the driver's vehicle for the lifetime of the RDP.
  
  Third DUI Offense: Yes, after 1 year revocation has been served and only with a BAIID installed in the driver's vehicle for the lifetime of the RDP.
• Jail
  First DUI Offense: Possible 0-12 months imprisionment
  
  Second DUI Offense: Possible 0-12 months imprisionment; mandatory 5 days (or 30 days community service) if in 5-year period
  
  Third DUI Offense: Class 4 felony with possible imprisionment 1-3 years
• Community Service
  First DUI Offense: 100 hours
  
  Second DUI Offense: 30 days (or 5 days in jail) if within a 5-year period
  
  Third DUI Offense: If given probation possible 30 days
• Fines
  First DUI Offense: up to $2,500
  Second DUI Offense: up to $2,500
  Third DUI Offense: up to $25,000

* An offender in Illinois requesting an RDP after a first conviction may be required to have a BAIID installed in the vehicle as part of driving relief.

Penalties for a DUI Conviction in Illinois

Additional consequences

• A DUI conviction is a permanent part of an offender’s driving record.
• The DUI offender may lose work time.
• The DUI offender will be required to complete an alcohol and drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program in Illinois before his/her driving privileges are reinstated.
• The DUI offender must meet the requirements of the Illinois Secretary of State’s Department of Administrative Hearings prior to obtaining a Restricted Driving Permit.
• The DUI offender’s vehicle may be impounded or seized.
• A Breath Alcohol Ignition Interlock Device (BAIID) may be installed in the DUI offender’s vehicle as a condition of driving relief.
• The DUI offender is required to carry high-risk auto insurance for 36 consecutive months.
• The DUI offender’s vehicle registration will be suspended or revoked.

The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process. A person convicted of DUI who lost his/her driving privileges because of a summary suspension will have that time credited to the minimum driver's license revocation period.

Full driving privileges are lost for a minimum of five years if a driver receives a second conviction for any of the following: DUI; leaving the scene of a personal injury or fatal crash; reckless homicide, or any combination of these offenses in a 20-year period. If a driver receives a third conviction for any of these offenses, regardless of the length of time between convictions, full driving privileges will be lost for a minimum of 10 years. If a driver receives a fourth or subsequent conviction, his/her license will be revoked permanently. If a driver is convicted of DUI in another state, Illinois driving privileges will be revoked.

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PENALTIES FOR DUI CONVICTIONS IN ILLINOIS with BAC of .16 or greater

• Loss of Driving privileges
  First DUI Offense: Minimum 1 Years
  Second DUI Offense: Minimum 5 Years
  Third DUI Offense: Minimum 10 Years
• Eligible for RDP
  First DUI Offense: Yes*
  
  Second DUI Offense: Yes, after 1 year. Installation of a BAIID is required in the driver's vehicle for the life of the RDP.
  
  Third DUI Offense: Yes, after 1 year. Installation of a BAIID is required in the driver's vehicle for the life of the RDP.
• Jail
  First DUI Offense: Possible 0-12 months imprisionment
  
  Second DUI Offense: If within 5 years, mandatory 7 days in jail.
  
  Third DUI Offense: If within 20 years, considered a Class 4 felony with mandatory 90 days in jail and possible 1-3 years imprisonment.
• Community Service
  First DUI Offense: 100 hours
  
  Second DUI Offense: If within 5 years, it may be awarded in addition to any jail time but not in lieu of jail.
  
  Third DUI Offense: No
• Fines
  First DUI Offense: Minimum $500 fine; maximum $2,500 fine
  Second DUI Offense: Minimum $1,200 fine; maximum $2,500 fine
  Third DUI Offense: Minimum $2,500 fine; maximum $25,000 fine

* An offender requesting an RDP after a first conviction may be required to have a BAIID installed in the vehicle as part of driving relief.

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Penalties for Other Alcohol-Related Offenses in Illinois

• Aggravated DUI
  A third or subsequent DUI conviction; a DUI while driving a school bus carrying
  children; a DUI resulting in great bodily harm, permanent disability or disfigurement;
  or a DUI after a prior conviction for reckless homicide.
  • Class 4 felony with possible imprisonment of one-three years and fines of up to $25,000.
  • One-year minimum revocation of driving privileges.
  • Possible imprisonment for one-12 years for DUI resulting in great bodily harm, permanent disability or disfigurement.
• Aggravated DUI Involving a Death
  A DUI resulting in one or more deaths.
  • Class 2 felony with possible imprisonment of three-14 years and fines of up to $25,000.
  • Possible imprisonment of six-28 years for multiple fatalities.
  • Two-year minimum revocation of driving privileges.
• Reckless Homicide (DUI)
  A DUI resulting in the loss of life.
  • Class 2 felony with possible imprisonment of three-14 years and fines of up to $25,000.
  • Possible imprisonment of six-28 years for multiple fatalities.
  • Two-year minimum revocation of driving privileges.
• Possession of Drugs in a Vehicle
  Illegal possession of a controlled substance or cannabis by a driver; violations
  must be entered in court records and reported to the Secretary of State.
  • One-year suspension of driving privileges for a first conviction.
  • Five-year suspension of driving privileges for a second conviction within five years.
• Knowingly Permitting a Driver Under the Influence to Operate a Vehicle
  • Class A misdemeanor with possible imprisonment of up to one year and fines of up to $2,500.
• Driving on a Suspended or Revoked License
  Applies to a driver whose license was suspended or revoked for Illinois DUI, leaving the scene of a personal injury or fatal crash, reckless homicide, or Statutory Summary
  Suspension.
  • Seizure and forfeiture of the driver’s vehicle.
  • Mandatory 10-day imprisonment or 30 days of Illinois community service and fines of up to $2,500.
  • Double the original suspension period or a one-year extension to the length of the revocation.
  • Second conviction — Class 4 felony with mandatory imprisonment of 30
    days or 200 hours of community service.
  • Third conviction — Class 4 felony with mandatory imprisonment of 30
    days and not eligible for community service.
  • Fourth conviction — Class 4 felony with mandatory imprisonment of 180
    days. Upon a fourth conviction, a judge has the discretion to seize the
    offender’s license plates or order the immobilization of the offender’s vehicle for an indeterminate period of time.
• Dram Shop
  An employee or owner of an Illinois establishment may be held liable for a crash resulting from the unlawful selling, giving or delivery of alcohol in that establishment to a minor, intoxicated person or person known to be under legal disability or in need
  of mental treatment.
  • Liability is limited to $50,467 for property damage or personal injury.
  • Liability extends to $61,682 for a loss of means of support due to death or injury.
• Illegal Transportation/Open Container
  Transporting, carrying, possessing or having any alcoholic beverages in the passenger compartment of a motor vehicle, except in the original container with the
  seal unbroken, is illegal in the state of Illinois. Exceptions to the DUI law are limousines, motor homes, mini motor homes and chartered buses not hired for school purposes.
  • Maximum $1,000 fine and a point-assigned violation on the driver's record.
  • One-year driver's license suspension or revocation for a second conviction within 12 months.
  • Mandatory one-year license suspension for an offender under age 21 for a first offense, and a mandatory license revocation for a second offense.
• Fraudulent IDs and Driver’s Licenses
  It is illegal to assist in obtaining or to fraudulently obtain, distribute, use or possess
  a fictitious or fraudulent ID card or driver's license. The Illinois Secretary of State has the authority to suspend (up to 12 months) or revoke driving privileges prior to a conviction for anyone involved in the following offenses:
  
  Class A misdemeanors (subsequent offenses are Class 4 felonies)
  • Possessing, attempting to obtain or assisting another in obtaining a fictitious driver's license or permit.
  • Allowing another person to use your license or permit.
  • Displaying or representing as one's own any license or permit issued to someone else.
  • Allowing any unlawful use of one's license or permit.
  
  Class 4 felonies (subsequent offenses may be Class 3 felonies)
  • Possessing, attempting to obtain or assisting another in obtaining a fraudulent license or permit.
  • Issuing or assisting in the issuance of a fictitious driver's license.
  • Manufacturing, possessing or providing any document for the purpose of obtaining a fictitious license.
  • Possessing a driver's license-making or permit-making implement.

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