Punishments for DUI Offenders in Illinois
The following are the types of punishments Illinois drivers may incur if their BAC level exceeds .08 percent:
1st DUI Conviction
• Considered Class A misdemeanor (Class 4 felony if bodily harm sustained/fatality)
• May be ordered to spend up to 1 year in jail
An additional 6 months of mandatory jail time if a child under 16 was present in the vehicle
• Fine up to $2,500
An additional $500 if the BAC level was above .16 percent
An additional $1,000 minimum if a child under 16 was present in the vehicle
• Driver’s license suspended for a minimum of 1 year
• May be eligible for an ignition interlock device
• Vehicle registration is suspended
• Must complete community service for a minimum of 100 hours
An Additional 100 hours if the BAC level was above .16 percent
An additional 25 days if a child under 16 was present in the vehicle
2nd DUI Conviction
• Considered Class A misdemeanor (Class 4 if committed with a child in vehicle/ Class 2 felony if bodily harm sustained/fatality)
• Imprisonment up to 1 year, 5 days mandatory jail time, or 240 community service hours
Additional 2 days mandatory jail time if BAC level was above .16 percent
Additional 1-3 years mandatory jail time if a child under 16 was present in the vehicle (considered Felony Aggravated DUI)
• Fine up to $2,500 Additional $1,500 if the BAC level was above .16 percent
Additional $25,000 maximum if a child under 16 was present in the vehicle
• Driver’s license suspended for a minimum of 5 years (If within 20 years of previous DUI)
• Vehicle registration is suspended
• Must complete community service for a minimum of 25 days if a child under 16 was present in the vehicle
3rd DUI Conviction
• Considered Class 2 Felony
• Imprisonment from 3-7 years
Additional 90 days if the BAC level was above .16 percent
Additional 1-3 years mandatory jail time if a child under 16 was present in the vehicle
• Fine up to $2,500
Additional $2,500 minimum if the BAC level was above .16 percent
Mandatory $25,000 if a child under 16 was present in the vehicle
• Driver’s license suspended for a minimum of 10 years
• Vehicle registration suspended
• Must complete community service for a minimum of 25 days if a child under 16 was present in the vehicle
4th DUI Conviction
• Driving privileges revoked for life
• Vehicle registration suspended
• Additional fine of a minimum $5,000 if BAC level was above .16 percent
• Additional mandatory fine of $25,000 if a child under 16 was present in the vehicle
Aggravated DUI Charges?
Any DUI offense in Illinois that results in a felony charge will be classified as Aggravated DUI. If a driver is charged with Aggravated DUI, their imprisonment terms or community service may not be suspended or reduced. Drivers sentenced to probation or other conditional discharge from prison must serve a minimum of 480 hours of community service or serve 10 days of mandatory imprisonment.
A DUI charge in Illinois will become an Aggravated DUI charge if any of the following conditions apply:
• Driver is convicted of a third or subsequent DUI charge
• The driver committed a DUI offense while driving a school bus carrying children 18 years or younger
• Driver committed a DUI offense that resulted in great bodily harm and/or death
• Driver committed a DUI offense with a child under 16 present in the vehicle
• Driver committed DUI without holding a valid license or permit
• Driver committed DUI after previous reckless homicide while DUI/Aggravated DUI involving death conviction
• Driver committed DUI under a suspended/revoked license for a previous DUI
Illinois DUI Punishments for Minors
Minors (motorists under the age of 21) charged with DUI in Illinois must attend a mandatory Youth Intoxicated Drivers Visitation Program. The program provides the offender with drug and alcohol counseling. DUI offenders under the age of 18 must complete a re-education course before driving privileges are reinstated and must retake their driver’s license exam.
The driver’s license of a minor convicted of DUI will be revoked for a minimum of 2 years by the Secretary of State, who has the option of providing the DUI offender with a restricted license. Minors found guilty of DUI under the age of 16 are not eligible for the restricted license. The restricted license may only be used between 5 a.m. and 9 p.m. Minors may also be fined $250 and may be ordered to spend time in jail up to a maximum of 1 year.
ow to Fight a DUI Charge in Illinois
A DUI charge may be contested in Illinois with the help of a DUI lawyer. If you have incurred driving under the influence charges, your punishments may be reduced or even eliminated when you have a top Illinois DUI attorney working on your case. Your paralegal will investigate the incident and ensure that any evidence proving your innocence is brought to light.
For the best possible outcome of your case, contact a skilled DUI attorney in Illinois today to get started.
