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It is illegal for anyone to operate a motor vehicle in Illinois with a blood alcohol content of .08 or more. With additional evidence, a driver may also be convicted of a DUI with a BAC of .05 or more. Although DUI laws generally apply to drivers operating vehicles on the roads, they can also apply to boaters or anyone operating any motor vehicle.
If you drive on Illinois roadways, you agree to submit to testing for alcohol or other drugs if requested. A driver may refuse to submit to testing, but may receive a longer suspension of driving privileges than if they failed the test. Furthermore, officials may use a test refusal as evidence against the driver in a DUI case.
After a DUI conviction many insurers will increase the policy rates or possibly cancel the policy all together.
In Illinois, a convicted driver could face a variety of penalties from jail to license suspension to license revocation, depending on the circumstances of the case.
Officers often use a standard field sobriety test to check for impaired driving. They watch for drivers who are having difficulties maintaining proper lane positions and are drifting, swerving or nearly striking objects.
They also watch for drivers who seem to have speed and braking problems, like driving at night without their headlights on or seem to have judgment problems, like following other cars too closely.
Penalties
- First conviction (under age 21) Class A misdemeanor with possible 0- 12 months imprisonment; loss of driving privileges for minimum 2 years; 100 hours community service; fines of up to $2,500; eligible for Restricted Driving Permit (RDP) after one year of revocation; may be required to have a BAIID installed in vehicle as part of driving relief.
- First conviction (over age 21) Class Amisdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 1 year; 100 hours community service; fines of up to $2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.
- Second conviction Class A misdemeanor with possible 0-12 months imprisonment; fines of up to $2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief; loss of driving privileges for minimum 5 years if committed within 20 years of first conviction.
- Within five years of first conviction: Mandatory 5 days in jail or 240 hours community service (terms of imprisonment or community service not subject to suspension/reduction nor is offender eligible for probation); fines of up to $2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.
- Third conviction (Aggravated DUI) Class 2 felony with possible 3-7 years imprisonment; mandatory minimum 10 days in jail or 480 hours community service; fines of up to $25,000; loss of driving privileges for minimum 10 years.
- Within five years of previous conviction: Mandatory minimum 10 days in jail or 480 hours community service (terms of imprisonment or community service not subject to suspension/reduction nor is offender eligible for probation); eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.
- Fourth conviction (Aggravated DUI) Class 2 felony with possible 3-7 years imprisonment; fines of up to $25,000; lifetime loss of driving privileges; not eligible for any type of driving relief.
- Fifth conviction (Aggravated DUI) Class 1 felony with possible 4-15 years imprisonment; fines of up to $25,000; lifetime revocation of driving privileges; not eligible for any type of driving relief.
- Sixth or subsequent conviction (Aggravated DUI) Class X felony with possible 6-30 years imprisonment; fines of up to $25,000; lifetime revocation of driving privileges; not eligible for any type of driving relief.
Driving Under the Extreme Influence: BAC of .16 or greater
- First conviction Class A misdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 1 year (if under 21, minimum 2 years); 100 hours community service; fines of $500-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.
- Second conviction Class A misdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 5 years if committed within 20 years of first conviction.
- Within five years of first conviction: Mandatory 7 days in jail; community service may be awarded in addition to, but not in lieu of jail time; fines between $1,250-$2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.
- Within 10 years of first conviction: Mandatory 2 days in jail; fines of $1,250-$2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.
- Third conviction (Aggravated DUI) Class 2 felony with possible 3-7 years imprisonment; mandatory 90 days imprisonment (not eligible for community service); fines of $2,500-$25,000; loss of driving privileges for minimum 10 years; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.
- Within 20 years of previous conviction: Loss of driving privileges for minimum 10 years.
- Fourth conviction (Aggravated DUI) Class 2 felony with possible 3-7 years imprisonment (not eligible for probation or conditional discharge); minimum fine of $2,500.
Driving Under the Influence: Child Endangerment
(driver over age 21 transporting a child under age 16)
- First conviction Mandatory 6 months in jail and 25 days of community service in a program benefiting children; loss of driving privileges for minimum 1 year; fines of $1,000-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.
- If resulting in bodily harm to a child: Class 4 felony with possible 1- 3 years imprisonment; mandatory fine of $2,500-$25,000 and 25 days of community service in a program benefiting children (imprisonment or assignment to community service not subject to suspension); not eligible for probation.
- Second conviction Class A misdemeanor with possible 0-12 months imprisonment; mandatory 6 months in jail and 140 hours community service, 40 hours of which in program benefiting children (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; fines of $1,000-$2,500; loss of driving privileges for minimum 5 years if committed within 20 years of first conviction; eligiblefor RDP; required to have a BAIID installed in vehicle as part of driving relief.
- Within 10 years of first conviction: Class 4 felony with possible 1-3 years imprisonment; mandatory 1 year in jail and 25 hours community service in program benefiting children (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; minimum fine of $2,500; eligible for RDP; required to have a BAIID installed in vehicle as part of driving relief.
- Within 10 years of first conviction and resulting in bodily harm to a child: 18 months in jail; 25 days community service in program benefiting children (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; mandatory minimum fine of $5,000-$25,000.
- Third conviction (Aggravated DUI) Class 2 felony with possible 3-7 years imprisonment; 25 days community service in program benefiting children (terms of imprisonment or community service not subject to suspension/ reduction); not eligible for probation; mandatory fine of $2,500- $25,000; loss of driving privileges for minimum 10 years.
- Within 20 years of previous conviction: Class 2 felony with possible 3-7 years imprisonment; mandatory 3 years in jail and 25 days community service in program benefiting children (imprisonment or assignment of community service not subject to suspension); not eligible for reduced sentence; mandatory fine of $25,000.
- Fourth conviction (Aggravated DUI) Class 2 felony with possible 3-7 years imprisonment; not eligible for probation/conditional discharge; minimum fine of $25,000.
DUI while Suspended or Revoked for Previous DUI; Leaving the Scene of a Personal Injury or Fatal Crash; Reckless Homicide; or Aggravated DUI with a Death
- First conviction: Class 4 felony with possible 1-3 years imprisonment; loss of driving privileges for double the original suspension period or additional 1-year revocation.
- If suspended for previous DUI: Additional 30 consecutive days in jail, 40 days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to sus-pension/reduction); not eligible for probation; fines of up to $2,500; may result in seizure and forfeiture of vehicle.
- Second conviction: Class 4 felony with possible 1-3 years imprisonment; mandatory 30 days in jail or 200 hours community service; loss of driving privileges for double the original suspension period or additional 1- year revocation.
- If suspended for previous DUI: Additional 30 consecutive days in jail, 40 days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension/ reduction); not eligible for probation; fines of up to $2,500; may result in seizure and forfeiture of vehicle.
- Third conviction: Mandatory minimum 10 days in jail or 480 hours community service; loss of driving privileges for double the original suspension period or additional 1-year revocation.
- If suspended for previous DUI: Additional 30 consecutive days in jail, 40 days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; may result in seizure and forfeiture of vehicle.
- Fourth conviction: Class 2 felony with possible 3-7 years imprisonment (not eligible for probation or conditional discharge); fines of up to $25,000; may result in seizure and forfeiture of vehicle.
Additional Consequences of DUI
- A DUI conviction is a permanent part of an offender's driving record.
- The offender may lose work time.
- The offender will be required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before his/her driving privileges are reinstated.
- The offender must meet the requirements of the Secretary of State's Department of Administrative Hearings prior to obtaining a Restricted Driving Permit.
- The offender's vehicle may be impounded or seized.
- A Breath Alcohol Ignition Interlock Device (BAIID) may be installed in the offender's vehicle as a condition of driving relief.
- The offender is required to carry high-risk auto insurance for 36 consecutive months
- The 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 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.
Blood Alcohol Chart (BAC)
If you're a woman, your blood alcohol is:
Weight |
# of drinks in one hour |
100 lbs. |
120 lbs. |
140 lbs. |
160 lbs. |
180 lbs. |
200 lbs. |
220 lbs. |
240 lbs. |
1 |
.05 |
.04 |
.04 |
.03 |
.03 |
.03 |
.02 |
.02 |
2 |
.10 |
.08 |
.07 |
.06 |
.06 |
.05 |
.05 |
.04 |
3 |
.15 |
.13 |
.11 |
.10 |
.08 |
.08 |
.07 |
.06 |
4 |
.20 |
.17 |
.15 |
.13 |
.11 |
.10 |
.09 |
.09 |
5 |
.25 |
.21 |
.18 |
.16 |
.14 |
.13 |
.12 |
.11 |
6 |
.30 |
.26 |
.22 |
.19 |
.17 |
.15 |
.14 |
.13 |
7 |
.36 |
.30 |
.26 |
.22 |
.20 |
.18 |
.16 |
.15 |
8 |
.41 |
.33 |
.29 |
.26 |
.23 |
.20 |
.19 |
.17 |
9 |
.46 |
.38 |
.33 |
.29 |
.26 |
.23 |
.21 |
.19 |
10 |
.51 |
.42 |
.36 |
.32 |
.28 |
.25 |
.23 |
.21 |
11 |
.56 |
.46 |
.40 |
.35 |
.31 |
.27 |
.25 |
.23 |
12 |
.61 |
.50 |
.43 |
.37 |
.33 |
.30 |
.28 |
.25 |
13 |
.66 |
.55 |
.47 |
.40 |
.36 |
.32 |
.30 |
.27 |
14 |
.71 |
.59 |
.51 |
.43 |
.39 |
.35 |
.32 |
.29 |
15 |
.76 |
.63 |
.55 |
.46 |
.42 |
.37 |
.35 |
.32 |
If you're a Man, your blood alcohol is:
# of drinks in one hour |
100 lbs. |
120 lbs. |
140 lbs. |
160 lbs. |
180 lbs. |
200 lbs. |
220 lbs. |
240 lbs. |
1 |
.04 |
.04 |
.03 |
.03 |
.02 |
.02 |
.02 |
.02 |
2 |
.09 |
.07 |
.06 |
.05 |
.05 |
.04 |
.04 |
.043 |
3 |
.13 |
.11 |
.09 |
.08 |
.07 |
.07 |
.06 |
.05 |
4 |
.17 |
.15 |
.13 |
.11 |
.10 |
.09 |
.08 |
.07 |
5 |
.22 |
.18 |
.16 |
.14 |
.12 |
.11 |
.10 |
.09 |
6 |
.26 |
.22 |
.19 |
.16 |
.15 |
.13 |
.12 |
.11 |
7 |
.30 |
.25 |
.22 |
.19 |
.17 |
.15 |
.14 |
.13 |
8 |
.35 |
.29 |
.25 |
.22 |
.19 |
.17 |
.16 |
.14 |
9 |
.37 |
.32 |
.26 |
.24 |
.20 |
.19 |
.17 |
.15 |
10 |
.39 |
.35 |
.28 |
.25 |
.22 |
.20 |
.18 |
.16 |
11 |
.48 |
.40 |
.34 |
.30 |
.26 |
.24 |
.22 |
.20 |
12 |
.53 |
.43 |
.37 |
.32 |
.29 |
.26 |
.24 |
.21 |
13 |
.57 |
.47 |
.40 |
.35 |
.31 |
.29 |
.26 |
.23 |
14 |
.62 |
.50 |
.43 |
.37 |
.34 |
.31 |
.28 |
.25 |
15 |
.66 |
.54 |
.47 |
.40 |
.36 |
.34 |
.30 |
.27 |
Charles S. Beach represents those facing criminal
charges, including narcotics, DUI defense, felony driving while
revoked and license reinstatement.
Call (312) 739-0500 to schedule a consultation.
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