Illinois DUI Penalties & Distracted Driving Laws

Illinois DUI penalties for a first offense

DUI laws in Illinois

First offense

The first offense in Illinois is a class A misdemeanor. If convicted, you could face the following penalties:

  • License revocation for one year (two years if you're under age 21) and suspension of vehicle registration.
  • If you had with a blood alcohol content (BAC) of .16 or more -- in addition to any penalties or fines -- a mandatory minimum fine of $500 and mandatory minimum 100 hours of community service.
  • If you committed the DUI while transporting a child under age 16 -- in addition to any penalties or fines -- possible imprisonment of up to six months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.
  • If you committed the DUI while transporting a child under age 16 and were involved in a crash that resulted in bodily injury to the child (which is an Aggravated DUI and a Class 4 felony -- in addition to any other criminal or administrative sanctions -- mandatory fine of $2,500 and 25 days of community service in a program benefiting children.
  • Installation of an ignition interlock for the period of license suspension.

Second offense

The second offense is a class A misdemeanor. If convicted, you could get:

  • Mandatory minimum imprisonment of five days or 240 hours of community service.
  • Revocation of driving privileges for a minimum of five years for a second conviction within 20 years.
  • Suspension of vehicle registration.
  • If committed with a BAC of .16 or more -- in addition to any fines or penalties -- mandatory imprisonment of two days with a mandatory minimum fine of $1,250.
  • If committed while transporting a child under age 16 it's an Aggravated DUI and Class 4 felony.
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily injury to the child it's an Aggravated DUI and Class 2 felony. In addition to any other criminal or administrative sanctions, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children.
  • Installation of an ignition interlock if you receive a Restricted Driving Permit.

Third offense (Aggravated DUI)

The third offense is a class 2 felony. If convicted, you could face:

  • Fines up to $25,000.
  • Possible imprisonment of three to seven years.
  • Revocation of driving privileges for a minimum of 10 years and suspension of vehicle registration.
  • If you had a BAC of .16 or more -- in addition to any other criminal or administrative sanctions -- mandatory imprisonment for 90 days and mandatory minimum fine of $2,500.
  • If committed while transporting a child under age 16 -- in addition to any other criminal or administrative sanctions -- mandatory fine of $25,000 and 25 days of community service in a program benefiting children.
  • Installation of an ignition interlock if you receive a Restricted Driving Permit.

Fourth offense (Aggravated DUI)

The fourth offense is a class 2 felony. If convicted, you may face:

  • Fines up to $25,000.
  • Possible imprisonment of three to seven years.
  • Revocation of driving privileges for life and suspension of vehicle registration.
  • If you had a BAC of .16 or more, in addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16, in addition to any other criminal or administrative sanctions, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth offense (Aggravated DUI)

The fifth offense is a class 1 felony. If convicted, you could get:

  • Fines up to $25,000.
  • Possible imprisonment of four to 15 years.
  • Revocation of driving privileges for life and suspension of vehicle registration.
  • If you had a BAC of .16 or more, in addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16, in addition to any other criminal or administrative sanctions, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or subsequent offense (Aggravated DUI)

The sixth and/or subsequent offenses are a class X felony. If convicted, you may face:

  • Fines up to $25,000.
  • Imprisonment of six to 30 years.
  • Revocation of driving privileges for life and suspension of vehicle registration.
  • If committed with a BAC of .16 or more, in addition to any other criminal or administrative sanctions, a mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16, in addition to any other criminal or administrative sanctions, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Refusing to submit to chemical testing in Illinois

First offense

Drivers who refuse to submit to chemical testing in Illinois will have their driving privileges revoked for a minimum of one year. You may be eligible for a Monitoring Device Driver Permit (MDDP) and allowed to operate a vehicle that has a Breath Alcohol Ignition Interlock Device (BAIID).

Second and subsequent offenses

Refusals to submit to chemical testing within five years of the prior offense will result in driving privileges revocation for three years.

DUI penalty source: Office of the Illinois Secretary of State and the National Conference of State Legislatures

Distracted driving laws in Illinois

Prohibits drivers from using hand-held cell phone while driving

Yes

All cellphone ban

Yes

All cellphone use banned for novice drivers

Drivers under age 19

Text messaging ban while driving

All drivers

Source: Governors Highway Safety Association

Updated Aug. 22, 2019

Fast, Free Auto Insurance Quotes