Penalties for First DUI Conviction in Illinois

What are the penalties for DUI in Illinois?

Video by Attorney Kevin O'Flaherty
Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
October 28, 2019

In this article, we will review the penalties for receiving a DUI (Driving Under the Influence) in the state of Illinois. Drivers are legally considered to be under the influence if they have a blood-alcohol content (BAC) of .08 or higher, a tetrahydrocannabis (cannabis) concentration (THC) of either 5 nanograms or more per milliliter of whole blood, 10 nanograms or more per milliliter of any other controlled bodily substance, any trace of other drugs, or impairment from prescribed medication.

For an overview of Illinois DUI law, check out our article: Illinois DUI Law Explained.


Penalties for DUI in Illinois depend on four different circumstances:

1: Driver’s age

2:  Driver’s level of impairment

3:  If the driver was transporting a child under the age of 16 at the time of arrest

4:  If the driver holds previous DUI convictions

Penalties for First DUI Conviction in Illinois (Class A misdemeanor)

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For an individual receiving his or her first DUI conviction, he or she faces the following penalties under a Class A misdemeanor:

  • Minimum revocation of driving privileges for one year
  • If the driver is under the age of 21, this revocation increases to two years
  • Suspended vehicle registration
  • Potential imprisonment for up to one year
  • If the driver was transporting a child under the age of 16 at the time of arrest, additional imprisonment of up to 6 months will be applied
  • Maximum fine of $2,500
  • If the driver tests a BAC of .16 or higher, an additional fine of $500 will be applied, as well as a minimum of 100 hours of community service
  • If the driver was transporting a child under the age of 16 at the time of arrest, an additional fine of $1,000 will be applied, along with 25 days of community service to a program that benefits children

Penalties for Second DUI Conviction in Illinois (Class A misdemeanor)

  • Minimum revocation of driving privileges for five years for a second conviction within 20 years
  • Suspended vehicle registration
  • Minimum imprisonment of five days or 240 hours of community service
  • Potential imprisonment for up to one year
  • Maximum fine of $2,500
  • If the driver tests a BAC of .16 or higher, an additional fine of $1,250 will be applied, as well as mandatory imprisonment of two days
  • If the driver was transporting a child under the age of 16 at the time of arrest, an additional fine of $5,000 will be applied, along with 25 days of community service to a program that benefits children

Penalties for Third DUI Conviction in Illinois (Aggravated DUI, Class 2 felony)

  • Minimum revocation of driving privileges for ten years
  • Suspended vehicle registration
  • Minimum imprisonment of 18 to 30 months
  • Potential imprisonment for up to seven years
  • Maximum fine of $25,000
  • If the driver tests a BAC of .16 or higher, an additional fine of $2,500 will be applied, as well as mandatory imprisonment of 90 days
  • If the driver was transporting a child under the age of 16 at the time of arrest, an additional fine of $25,000 will be applied, along with 25 days of community service to a program that benefits children

Penalties for Fourth DUI Conviction in Illinois (Aggravated DUI, Class 2 felony)

  • Revocation of driving privileges for life
  • Suspended vehicle registration
  • If the driver tests a BAC of .16 or higher, an additional fine of $5,000 will be applied
  • If the driver was transporting a child under the age of 16 at the time of arrest, an additional fine of $25,000 will be applied, along with 25 days of community service to a program that benefits children
What are the consequences of a DUI?

Penalties for Fifth DUI Conviction in Illinois (Aggravated DUI, Class 1 felony)

  • Revocation of driving privileges for life
  • Suspended vehicle registration
  • If the driver tests a BAC of .16 or higher, an additional fine of $5,000 will be applied
  • If the driver was transporting a child under the age of 16 at the time of arrest, an additional fine of $25,000 will be applied, along with 25 days of community service to a program that benefits children

Penalties for Sixth or Subsequent DUI Conviction in Illinois (Aggravated DUI, Class X felony)

  • Revocation of driving privileges for life
  • Suspended vehicle registration
  • If the driver tests a BAC of .16 or higher, an additional fine of $5,000 will be applied
  • If the driver was transporting a child under the age of 16 at the time of arrest, an additional fine of $25,000 will be applied, along with 25 days of community service to a program that benefits children

Aggravated DUI Conviction in Illinois

Any DUI conviction resulting in felony charges is considered an Aggravated DUI. Mandatory imprisonment and community service terms cannot be postponed or reduced, and any drivers who are sentenced to probation or conditional discharge must serve a minimum or 480 hours of community service or imprisonment of 10 days.

For more on, this check out our article, Illinois Aggravated DUI Explained.

Additional Consequences of DUI in Illinois

In addition to the loss of driving privileges, suspension of vehicle registration, imprisonment, paying fines, and completing community service, convicted drivers may also receive the following consequences of a DUI:

  • Permanent charges on driving record
  • Loss of work
  • Frequent alcohol/drug evaluations and remedial courses
  • Mandatory Administrative Hearings
  • Installment of Breath Alcohol Ignition Interlock Device
  • High-risk auto insurance for three years
  • Vehicle impoundment

Additional Financial Considerations
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From Financial Experts

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Penalties for Second DUI Conviction in Illinois

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