Illinois Impaired Driving Laws/Penalties

 

Driving under the influence is a crime.  Aside from concerns for the personal safety of yourself and others, there are severe legal penalties and economic consequences if convicted.  It is important to know that the DUI criminal charge is prosecuted in court and driver’s license sanctions are administered by the Secretary of State’s Office. If convicted of DUI in Illinois, the following penalties apply.

 


MINIMUM PENALTIES FOR DUI CONVICTIONS

CONVICTIONS

  First Second Third
Loss of driving Privileges Minimum one year Minimum 5 years Minimum 10 years

Eligible for Monitoring Device Driving Permit allowing driving relief with Breath Alcohol Ignition Interlock Device (BAIID) Yes

No No

Eligible for Restricted No Driving Permit No

Yes, after 1 year and only with a BAIIID installed in the drivers Vehicle Yes, after 1 year and only with a BAIIID installed in the drivers Vehicle

Jail Up to 364 days in jail Up to 364 days jail; man-datory 5 days (or 30 days community service) Class 2 felony with possible 3 - 7 years imprisonment. Mandatory 90 days imprisonment debending on facts

Community Service

Up to 25 days depending on facts

30 days (or 5 days in jail) Up to 25 days depending on facts

Fines Up to $2,500 Up to $2,500 Up to $2,500

BAIID Cost Approx. $110/month during the suspension/revocation period, plus installation fees Approx. $110/month during the suspension/revocation period, plus installation fees Approx. $110/month during the suspension/revocation period, plus installation fees

 


*An offender Requesting a Restricted Driving Permit after a first conviction may be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in the vehicle as part of driving relief
 

*Beginning January 1,  2009 Judicial Driving Permits will become Monitoring Device Driving Permits (MDDP) and only vehicles equiped with a Breath Alcohol Ignition Interlock Device may be operated by a first-time DUI offender. This requirement will apply to all those wanting driving relief during the time of his or her lincence suspension and or revocation.


The above chart lists the major penalties for a DUI conviction.  However, there can be many more consequences given the seriousness and complexity of DUI laws.  For example, loss of work time, high risk auto insurance rates and meeting the requirements of the Secretary of State’s Department of Administrative Hearings prior to obtaining a restricted driving permit.  A DUI offender is also required to complete an alcohol and drug evaluation and an alcohol/drug remedial education course and might be required to complete a substance abuse treatment program before driving privileges are reinstated.  In addition, first time DUI offenders must drive only vehicles equipped with a BAIID device during their entire suspension period beginning January 1, 2009.

 

Click Here for a Copy of Illinois’ Impaired Driving Laws