Illinois

illinoisIllinois State DUI Laws

Illinois has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Illinois is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, breath alcohol ignition interlock device (BAIID), and alcohol and drug rehabilitation.

You will be given a 45 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 46th day for 6 months, although first time offenders can request a Monitoring Device Driving Permit (MDDP) after 30 days. After the suspension period, you will be required to get a Breath Alcohol Ignition Interlock Device (BAIID).

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In Illinois, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of a BAIID for any driver whose BAC levels are .08% or higher, even if it is your first offense.

License Revocation, Fines and Jail

  • First Offense – Class A Misdemeanor (unless there is bodily harm which may be a felony):
    • Up one year in jail (up to 18 months if child under 16 was in the vehicle).
    • Fines up to $2,500 (higher if BAC above .16 or if child under 16 was in the vehicle).
    • Minimum one-year license suspension.
    • Vehicle registration suspension.
    • Community service. 100 hours minimum if BAC was above .16. 25 days if child under 16 was in the vehicle.
    • An MDDP with an BAIID is possible after 30 days of suspension, unless the DUI involved death or great bodily harm or the driver has been convicted of a previous reckless homicide or aggravated DUI resulting in death.
  • Second Offense – Class A Misdemeanor (unless there is bodily harm which may be a felony):
    • Up to 1 year in jail. 5 days mandatory or 240 hours of community service. Add 2 days if BAC is above .16. Add 1 to 3 years if child under 16 is in the vehicle (felony aggravated DUI).
    • Fines up to $2,000. Add $1,250 minimum for BAC above .16. Add up to $25,000 if child under 16 is in the vehicle (felony aggravated DUI).
    • Minimum five-year license suspension.
    • Vehicle registration suspension.
    • Community service (minimum 25 days if child under 16 was in the vehicle).
    • Installation of a BAIID for a court-ordered period of time after the one-year suspension. In cases involving BACs of 0.20 or higher, offenders are convicted of felonies and receive enhanced penalties including 30 days to five years in a state penitentiary, fines up to $5,000, and license suspension for one to five years.
  • Third Offense – Class 4 Felony (Aggravated DUI):
    • 3 to 7 years in jail. Add 90 days if BAC was above .16. Add 1 to 3 years if child under 16 was in the vehicle (felony aggravated DUI).
    • Fines up to $2,500. Add $2,500 minimum if BAC was above .16. Mandatory $25,000 if child under 16 is in the vehicle (felony aggravated DUI).
    • Minimum ten-year license suspension.
    • Vehicle registration suspension.
    • Community service (minimum 25 days if child under 16 was in the vehicle).
    • Installation of a BAIID for a court-ordered period of time after the one year suspension. In cases involving BACs of 0.20 or higher, offenders are convicted of felonies and receive enhanced penalty including 30 days to five years in a state penitentiary, fines up to $5,000, and license suspension for one to five years.
  • Fourth and Fifth Offense – Class 4 Felony (Aggravated DUI):
    • Revocation of driving privileges for life with no relief available.
    • Suspension of vehicle registration.
      • If committed with a BAC of .16 or more – In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
      • If committed while transporting a child under age 16 – In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.
  • Sixth and Subsequent Offense – Class X felony (Aggravated DUI):
    • Revocation of driving privileges for life with no relief available.
    • Suspension of vehicle registration.
      • If committed with a BAC of .16 or more – In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
      • If committed while transporting a child under age 16 – In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

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