Understanding Illinois DUI Laws
Driving under the influence (DUI) in Illinois is a serious offense with severe consequences. Whether it’s alcohol, cannabis, or other drugs, Illinois law prohibits operating a motor vehicle while impaired. Under Illinois Vehicle Code 625 ILCS 5/11-501, a person is considered to be driving under the influence if:
- Their blood alcohol concentration (BAC) is 0.08% or higher.
- They are impaired by drugs, alcohol, or intoxicating compounds to a degree that renders them incapable of driving safely.
- They have any amount of a controlled substance in their system as defined by Illinois law.
Penalties for DUI in Illinois
Illinois enforces strict penalties for DUI offenders, which escalate with repeat offenses or aggravating factors. Here’s a breakdown of the potential consequences:
First Offense (Class A Misdemeanor)
- License suspension: 12 months (6 months with Breath Alcohol Ignition Interlock Device – BAIID).
- Jail time: Up to 1 year.
- Fines: Up to $2,500.
- Additional penalties:
- Mandatory alcohol/drug education program.
- Community service (minimum of 100 hours if BAC is 0.16% or higher).
Second Offense (Class A Misdemeanor)
- License suspension: 5 years.
- Jail time: Minimum of 5 days or 240 hours of community service.
- Fines: Up to $2,500.
- Aggravating factors can lead to harsher penalties.
Third Offense (Class 2 Felony – Aggravated DUI)
- License revocation: 10 years.
- Jail time: Up to 7 years.
- Fines: Up to $25,000.
- Mandatory alcohol/drug education and treatment program.
Aggravated DUI Offenses
Some DUI cases result in more severe penalties due to aggravating circumstances:
- DUI with a passenger under 16 years old.
- DUI causing injury or death.
- Driving a school bus under the influence. These cases often result in felony charges and extended prison sentences.
Law Offices of Joshua Adams
900 w Jackson Blvd, Suite 7E
Chicago, Illinois 60607
312-566-9173
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