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                                                        Illinois D.U.I. Laws and Penalties    






Illinois DUI is a serious criminal offense and carries some serious consequences. A DUI arrest in Illinois will trigger 2 separate actions against you, a criminal case with possible jail, fines, alcohol education classes not to mention mandatory drivers license suspensions. In addition to the criminal case the Secretary of State will also impose administrative actions. A person found operating a motor vehicle with a Blood alcohol level of .08% or greater is subject to an automatic drivers license suspension.


When you get a DUI, the Illinois Secretary of State will automatically institute what’s called a “statutory summary suspension” against your driving privileges. A statutory summary suspension in Illinois means that your driving privileges will be suspended for a period of time and then automatically re-instated.


First time offenders in Illinois may apply to the courts for what’s known as a Interlock breath device which can allow the person to actually drive during the suspension under almost all conditions.


If convicted of a drunk driving violation in Illinois here’s what you can expect as far as court punishments go,




1 year minimum loss of drivers license

1 year imprisonment possible

Maximum fines of $2,500 plus court costs

DUI Victim Impact panel required




Maximum fines up to $2,500

Minimum 5 year loss of drivers license if second offense within a 20 year time frame

Mandatory 5 days in jail or 30 community service days if second offense was within a 5 year time frame

Mandatory Alcohol Evaluation and Treatment

Imprisonment up to 1 year possible




Class 4 felony

6 year loss of driving privileges

Imprisonment possible for up to 3 years

Fines up to a $10,000 maximum

Mandatory Alcohol Evaluation and Treatment

Illinois BAC Assumptions


BAC levels of .001% to .05% are not considered under the influence

BAC levels of .051% to .079% is not presumed to be under the influence, but is admissible as evidence in court

BAC levels of .08% or greater is considered to be under the influence

Illinois Implied Consent Laws


Chemical testing is allowed. Blood, breath or urine as selected by the arresting officer

The arresting officer is required to advise the defendant of the penalties for refusing the tests and the license suspension periods

Tests resulting in a BAC of .08% or greater carry a 6 month to 4 year license suspension

Test refusal results in a one year to 3 year license suspension. There is no penalty for refusing the PBT unless the defendant was involved in an accident resulting in injury or death

Chemical Testing


All chemical testing must be performed by a person with a valid permit that is in accordance with the Department of Public Health

Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified person

The defendant has the right to an independent test performed by a qualified person of the defendants choice. The costs associated with the independent testing is the defendants responsibility

All test results must be made available to the defendant and his or her attorney upon request

Driving under the Influence in Illinois also triggers Drivers License sanctions in Illinois;


Illinois Statutory Summary License Suspension


The State of Illinois has implemented a policy that states that a driver who is deemed to be impaired by alcohol and/or drugs is considered a threat to the welfare of the public and the safety of the general population. In order to reduce the threat to public safety, the State of Illinois has declared it appropriate to suspend an intoxicated drivers license.


First offense DUI: Indication of a BAC of .08 or greater through an approved chemical test triggers a mandatory 6-month drivers license suspension. Refusing to be tested triggers an automatic 12 month suspension.


Second Offense DUI: BAC of .08 or greater triggers mandatory 12 month suspension


The Illinois police officer will physically take the drivers license from anyone arrested for DUI during the actual arrest and then will issue a temporary permit to drive for 45 days. The statutory summary suspension begins on the 46th day after the arrest, and driving privileges are automatically suspended.


Please contact us immediately if you find yourself in this type of situation. It is important to move quickly to preserve your driving priviledges. Before this happens to you, fill out the contact form on this page or give us a call at (847)966-6669.