DUI Laws in Illinois

DUI Laws in Illinois

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In Illinois, the law states that if a driver is caught operating a vehicle under the influence of alcohol or any other substance, he/she will be booked under the state DUI law and face the necessary consequences.

The law specifies that, an individual will be booked if he/she found guilty of driving a vehicle under the following conditions:

  1. Driving under the of alcohol with a BAC of .8% or more
  2. Under the influence of drugs or any such narcotic substances that might impair the individual’s ability to drive

Additionally, the violator might face even more serious charges if he/she is found to be guilty of the following: 

  1. Driving with a BAC of .16% or higher
  2. Having a co-passenger who is less than 16 years old 
  3. Having previous DUI convictions on his/her driver record

When is a driver considered to be legally drunk in Illinois

A driver is considered to be legally drunk in Illinois under the follow circumstances: 

  • Drivers operating a commercial vehicle: BAC is .4% or more.
  • Drivers under the age of 21: BAC is more than unit 0 
  • Non-Commercial drivers: BAC is .8% or more


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What happens when you get convicted for a DUI in Illinois?

To understand how a DUI charge will affect your record, here are some consequences involved:
  • Driver’s License Suspension:

The most straightforward consequence of a DUI charge is that your driver’s license will be suspended for a certain period of time even though you haven’t been convicted–unless you take immediate legal action.

  • Jail Sentence:

The jail sentence for a DUI violation in Illinois will depend on various factors such as the seriousness of the offence committed, number of previous violations and other factors. As a first time DUI offender, the driver will face a minimum jail time of 10-365 days in jail.

  • Financial consequences:

The most excruciating part of a DUI charge is the exorbitant amount of penalties and fines one has to pay in accordance with the law. There are several other charges such as paying for a DUI school course or an alcohol treatment program which is mandatory for certain offenders. Additionally, the car you drove while being arrested might also be impounded by the authorities and you may also be required to pay a certain amount for each day it stays in the impound lot. License reinstatement comes with its own fee. And most importantly, having a DUI charge on your driving record will raise the rates of your auto insurance premium. 

Illinois DUI Conviction Penalties

Offense Count 1st Offence2nd Offence3rd Offence
Jail Sentence Maximum: 364 days 6 months (if passenger under 16 years) 100 hours of community service (if BAC .16% or more)5 days (or 240 hours of community service) to 364 days Minimum: 2 days (if BAC .16% or more) 10 days (or 480 hours of community service) to 7 years (if passenger under 16 years)10 days (or 480 hours of community service) to 7 years Minimum: 90 days (if BAC .16% or more)
License Suspension1 year (2 years if under 21 years of age)5 years 10 years
FineMaximum: $2,500 Minimum: $500 (if BAC .16% or more) and $1,000 (if passenger under 16 years)Maximum: $2,500 Minimum: $1,250 (if BAC .16% or more) $2,500 to $25,000 (if passenger under 16 years)Maximum: $25,000 Minimum: $2,500 (if BAC .16% or more) and $25,000 (if passenger under 16 years)
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Additional Illinois DUI Laws

The following are the different types of DUI laws that aid in convicting individuals for different types of violations that he/she might commit while driving under the influence in the Illinois:  

Implied Consent Law in Illinois:


The implied consent law of Illinois states that drivers who are lawfully charged with a DUI conviction, have given consent to testing of breath/blood/urine or other bodily substance if there’s a cause to believe that the said individual is under the influence of alcohol or other substances.

Individuals who fail/refuse to submit to chemical testing face the following suspension periods:

Offense Count 

1st Offence

2nd Offence

3rd Offence

Suspension Period for Test Refusal

365 Days 

3 years 

3 years 

Suspension Period for Test Refusal (Underage)

180 Days 

730 Days 

730 Days 

Suspension Period for Failed Test

180 Days 

365 Days 

365 Days 

Suspension Period for Failed Test (Underage)

90 Days 

365 Days 

365 Days 


Additional Penalties under DUI for transporting a child under 16 years 

Individuals who are found guilty of transporting a child under the age of 16 while being under the influence of drugs/alcohol can face the following charges: 
  1. Fine of $1,000 (additional)
  2. Community service for 140 hours
  3. Additional 2 days in prison

SR-22 in Illinois

In Illinois, if your license has been suspended for any moving violations or you have been convicted of a more serious driving-related offence then The Driver Services Department of Illinois Secretary of State will likely need you to obtain an SR-22 from a licensed auto insurance company to get your license reinstated.

SR22 insurance in Illinois certifies that you have the state-mandated minimum car insurance coverage required to drive or to have your license reinstated after having been convicted of one of a few serious driving offences.


The most suitable way to avoid getting charged with  a DUI violation or having to pay hefty DUI fines is to abstain yourself from driving when you are under the influence of alcohol. But that might not necessarily happen as mistakes are bound to take place  – statistics have shown more than 27,000 Illinois drivers per year get charged with a DUI violation on average.

We at SR22InsuranceNow aim to provide you with the most accurate and up to date information regarding Illinois DUI laws so that you can take the right decision if a certain situation arises.

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