In Illinois, drivers who are under the influence of alcohol or drugs are subject to serious penalties. The legal blood alcohol content limit for a DUI charge in the state is 0.08%, or any amount of alcohol for drivers who are younger than 21.
Before facing a DUI court date, understand the potential penalties for this offense.
A driver with no prior convictions may receive the following consequences for a DUI conviction:
- Mandatory evaluation for substance use disorder
- License suspension for 12 months
- Up to $2,500 in fines
- Up to 364 days in jail
If a passenger younger than 16 was in the vehicle at the time of the DUI arrest, the driver will receive a six-month mandatory jail sentence and a minimum $1,000 fine. Drivers with a BAC above 0.16% at the time of arrest will receive 100 hours of community service and a mandatory minimum $500 fine for a first-time DUI conviction. Because Illinois is an implied consent state, breath test refusal carries a one-year license suspension in addition to the other DUI penalties.
Felony aggravated DUI
Some drivers receive felony convictions for a DUI. Elevated charges apply in these circumstances:
- A second DUI involving a child younger than 16 in the vehicle
- A DUI without auto insurance coverage or a driver’s license
- A DUI that results in serious injury or death to another individual
- A DUI that occurred while working as a driver for hire (an Uber or Lyft driver, for example)
- A third-time or subsequent DUI conviction
- A DUI while driving a school bus
- A DUI in a 20-mph school zone
The exact consequences vary based on the details of the case. For a third-time DUI or a second DUI with a child younger than 16 in the car, the driver will receive three to seven years in prison. A DUI accident that causes wrongful death can result in three to 14 years in prison.