Driving under the influence (DUI) is a serious offense in Illinois, carrying stringent penalties to deter impaired driving and ensure public safety. As of 2025, it’s crucial to understand the potential consequences of a DUI conviction in the state.
First DUI Conviction:
- Classification: Class A misdemeanor.
- License Revocation: Minimum of one year; two years if under 21.
- Imprisonment: Up to one year.
- Fines: Up to $2,500.
Additional penalties apply for higher blood alcohol concentration (BAC) levels or if transporting a minor:
- BAC of 0.16% or Higher: Mandatory minimum fine of $500 and 100 hours of community service.
- Transporting a Child Under 16: Possible imprisonment of up to six months, mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children.
Second DUI Conviction:
- License Revocation: Minimum of five years if the second offense occurs within 20 years.
- Imprisonment: Mandatory minimum of five days or 240 hours of community service; up to one year possible.
- Fines: Up to $2,500.
Enhanced penalties for aggravating factors:
- BAC of 0.16% or Higher: Mandatory imprisonment of two days and a mandatory minimum fine of $1,250.
- Transporting a Child Under 16: Class 4 felony charge.
- Transporting a Child Under 16 Resulting in Injury: Class 2 felony, mandatory fine of $5,000, and 25 days of community service in a program benefiting children.
Third DUI Conviction (Aggravated DUI):
- Classification: Class 2 felony.
- License Revocation: Minimum of 10 years.
- Imprisonment: Possible imprisonment for 3-7 years.
- Fines: Up to $25,000
Additional penalties for higher BAC levels:
- BAC of 0.16% or Higher: Mandatory imprisonment of 90 days and a mandatory minimum fine of $2,500.
Aggravated DUI:
Certain circumstances elevate a DUI to an aggravated status, resulting in harsher penalties:
- Driving a School Bus with Passengers Under 18: Class 4 felony.
- DUI Resulting in Great Bodily Harm or Permanent Disfigurement: Class 4 felony with a minimum two-year license revocation and possible imprisonment for up to 12 years.
Implied Consent and Refusal Penalties:
Illinois’ implied consent laws mandate drivers to submit to chemical testing when suspected of DUI. Refusal leads to automatic license suspension:
- First Refusal: 12-month suspension.
- Second Refusal: Three-year suspension.
Zero Tolerance for Underage Drivers:
Drivers under 21 face stricter regulations:
- First Offense: Three-month suspension for BAC of 0.01% or greater; six months if testing is refused.
- Second Offense: One-year suspension; two years if testing is refused.
Conclusion:
Illinois enforces rigorous DUI laws with escalating penalties for repeat offenses and aggravating factors. Understanding these penalties underscores the importance of responsible driving and the severe consequences of impaired driving.
For personalized legal guidance or representation regarding DUI charges, contact us to consult with experienced attorneys who can navigate the complexities of Illinois DUI laws.
