Illinois Drunk Driving Laws

With the number of drivers who are arrested for driving under the influence (DUI) in Illinois each year, many people assume drunk driving is a relatively minor offense. However, due to the threat an impaired driver poses to other motorists, nothing could be further from the truth. In fact, in their efforts to reduce the number of alcohol-related auto accidents, state legislators have passed a series of tough Illinois drunk driving laws to punish those drivers who choose to drink and drive.

Like every other state, Illinois drivers must comply with the federal 0.08% blood alcohol content (BAC) limit. Under this law, anyone operating a vehicle with a BAC of 0.08% or more is considered impaired, and can be arrested for DUI. Meanwhile, state law also limits the amount of alcohol drivers under 21 and commercial vehicle operators are allowed to have in their system—imposing a 0.02% limit on underage motorists and allowing commercial drivers a BAC of only 0.04%.

If an officer suspects a driver is under the influence, a chemical test will be administered to determine his or her BAC. Due to the Illinois Implied Consent Law, all motorists are legally required to submit to such testing, which includes performing a breath, blood, and/or urine test. A refusal, therefore, will also lead to an arrest.

Regardless of whether you fail or refuse to perform a chemical test, you will face the same penalties for driving under the influence. A first-time conviction includes a fine of up to $2,500, as well as a minimum one-year license suspension and possible jail sentence (one-year maximum). If you were arrested with a BAC above 0.16%, you can expect even harsher punishment, including an additional $500 fine and up to an extra six months behind bars. You will also be required to perform a minimum of 100 hours of community service and, in some cases, have an ignition interlock device installed in your vehicle. Additional penalties are also likely if you were transporting a child under 16 at the time of your arrest.

If you already have a DUI on your record, a subsequent conviction will carry an even harsher sentence. A second offense, for example, can lead to a minimum 5-year license suspension, mandatory jail time, and/or up to 240 hours of community service. In addition to a standard $2,500 fine, you will also be required to pay a minimum $1,250 fee if your BAC was above 0.016% and up to $25,000 more if you had an underage passenger in your car. Your vehicle registration may also be suspended as a result of a second conviction.

In terms of penalties, a third DUI conviction is classified as a felony. As a result, the offense carries the most severe possible penalties of any other drunk driving charge—including a minimum 3-year jail sentence and 10-year license suspension. Plus, a felony conviction will also lead to the loss of personal freedoms, such as your right to obtain a passport, vote, and purchase a firearm.

Fortunately, being arrested for DUI does not mean you will be convicted of the charges in criminal court. Many drivers are able to challenge their arrest and avoid most or all of the life-altering consequences of a conviction. To discuss your case with a skilled DUI defense attorney in your area, request a free, no-obligation consultation by submitting your information online today.