Penalties for First DUI Conviction in Illinois

What are the penalties for DUI in Illinois?

499518579
Updated on:
September 25, 2018

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)

DUI Help

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


Presented By O'Flaherty Law

O'Flaherty Law is happy to meet with you by phone or at our offices in Downers Grove, Elmhurst, Naperville, St. Charles, Lake in the Hills and Tinley Park, Illinois.

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

DUI

What are the penalties for DUI in Illinois?
Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Penalties for Third DUI Conviction in IllinoisPenalties for Fourth DUI Conviction in IllinoisPenalties for Fifth DUI Conviction in IllinoisPenalties for Sixth or Subsequent DUI Conviction in IllinoisAggravated DUI Conviction in IllinoisDUI law in Illinois

Subscribe to our mailing list

* indicates required

Here are some articles that may interest you

Categories