Illinois DUI Laws: Guide to Drunk Driving Charges and Penalties

Getting Started

Illinois DUI consequences start the moment you’re arrested. Even a first offense can lead to immediate license suspension, up to a year in jail, and hefty fines. Aggravating factors like a high blood alcohol content (BAC), prior offenses, or having a child in the car can quickly upgrade a misdemeanor to a felony with even harsher penalties.

Definitions to Know

Illinois Secretary of State

A DUI arrest in Illinois triggers two separate processes: administrative action by the Secretary of State’s office and criminal proceedings through the court system.

The Illinois Secretary of State’s office administers driver’s licenses and oversees administrative suspensions related to DUI offenses. This agency handles statutory summary suspensions, monitors compliance with the BAIID program, processes SR-22 insurance filings, and manages license reinstatements. The Secretary of State operates independently from the court system but coordinates with courts on driving privilege restrictions and requirements.

Steps to Take After DUI Arrest in Illinois

1. Hire an Attorney

   Legal counsel can help navigate both administrative and criminal processes.

2. Prepare for License Suspension

   In Illinois, your driving privileges are automatically suspended 46 days after your arrest if you failed or refused chemical testing.

3. Request a Hearing

   You may contest your statutory summary suspension by requesting a hearing within 90 days of the suspension notice.

4. Apply for a Monitoring Device Driving Permit (MDDP)

   Drivers with their first DUI may be eligible for this permit which requires BAIID installation.

5. Install a BAIID

   If granted an MDDP or convicted of DUI, you’ll likely need to install an ignition interlock in your vehicle.
   Explore IIDs

6. File an SR-22 Form

   Proof of insurance-related financial responsibility through an SR-22 may be required for license reinstatement in Illinois.

7. Complete Substance Abuse Evaluation

   You must complete an evaluation and any recommended treatment programs.

8. Pay DUI Fines and Fees

   Court fines and administrative fees can range from several hundred to thousands of dollars.

9. Complete DUI Education Program

   Mandatory alcohol education courses are required for reinstatement.

10. Attend Court Proceedings

    Your criminal case will proceed separately from administrative actions.

11. Comply with Probation

    If sentenced to probation, you must follow all terms including alcohol testing and community service.

DUI Laws in Illinois

What Are the Legal Driving Alcohol Limits in Illinois?

In Illinois, drunk driving laws establish clear blood alcohol concentration (BAC) thresholds that constitute illegal behavior. Law enforcement officers may use breathalyzers, blood tests, or urine tests to determine BAC levels during traffic stops or after accidents.

Felony vs Misdemeanor DUI Charges

In Illinois, DUI charges can be classified as either misdemeanors or felonies, with significantly different consequences.

• Class A Misdemeanor: A first or second DUI offense is typically charged as a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500.
• Felony DUI: Felony DUI penalties can include 1-15 years in prison (or more for cases involving fatalities) and fines up to $25,000. A DUI becomes a felony (called an “Aggravated DUI”) under several circumstances:
  • A third or subsequent offenseDriving with a revoked/suspended licenseCausing serious injury or deathDriving without valid insurance
  • Driving a school bus with children aboard. Felony DUI penalties can include 1-12 years in prison (or more for cases involving fatalities) and fines up to $25,000.

Illinois Drunk Driving Diversion Programs

Illinois does not offer traditional pre-trial diversion programs that allow DUI charges to be dismissed. However, for first-time offenses, court supervision may be available, which allows the defendant to avoid a conviction if they successfully complete all requirements. Court supervision typically includes alcohol evaluation, treatment programs, community service, fines, and other court-ordered conditions. While not a true diversion program, court supervision prevents a conviction from appearing on your public driving record if completed successfully.

Refusing a Chemical Test Under Illinois DUI Law

Illinois, like all states, applies an implied consent law. When you receive an Illinois driver’s license, you automatically consent to chemical testing if arrested for DUI. Refusing a breathalyzer, blood, or urine test results in an automatic statutory summary suspension of your driving privileges. For a first refusal, your license is suspended for 12 months, compared to 6 months for failing the test. Subsequent refusals result in a 3-year suspension. Additionally, your refusal can be used as evidence against you in court proceedings .

DUI Penalties & Consequences

Illinois imposes increasingly severe penalties for each subsequent DUI conviction. These penalties include jail time, fines, community service, and license actions.

Penalties for DUI Offenses in Illinois

Aggravating Factors That Increase Illinois DUI Penalties

In Illinois, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements:

• High BAC levels (0.16% or higher) double the minimum fines and community service hours
• Having a child under 16 in the vehicle during a DUI (additional $1,000 fine and community service)
• Causing a crash resulting in great bodily harm (Class 4 felony)
• Causing a fatal accident (Class 2 felony with 3-14 years prison)
• Driving without valid insurance at the time of the DUI
• DUI in a school zone during school hours
• Multiple prior DUI convictions
• DUI while driving on a suspended or revoked license
• DUI in a vehicle without legally required interlock device

Driving Without a Valid License

Driving during a DUI-related suspension or revocation in Illinois can result in severe consequences. This offense is often charged as a Class A misdemeanor punishable by up to one year in jail and fines up to $2,500. If you have a prior conviction for driving on a suspended or revoked license, you may face felony charges.

Additionally, driving while suspended can extend your original suspension period, reset your eligibility date for reinstatement, and disqualify you from receiving restricted driving permits. The Secretary of State’s office and law enforcement take these violations extremely seriously, and convictions for driving while suspended can permanently affect your ability to restore your license.

License Suspension

In Illinois, your driving privileges are automatically suspended after your arrest if you failed or refused chemical testing.

Who Determines if You Can Continue Driving After a DUI 

In Illinois, two entities can impact your driving privileges after a DUI: the Secretary of State’s office and the courts. The Secretary of State handles administrative suspensions, which occur automatically when you fail or refuse chemical testing (called Statutory Summary Suspension).

The court system imposes additional suspensions or revocations based on DUI convictions. Each process operates independently, meaning you must satisfy requirements from both authorities to fully restore your driving privileges. The Secretary of State’s office manages provisional licenses like the Monitoring Device Driving Permit (MDDP) for first offenses and Restricted Driving Permits (RDP) for drivers with repeat convictions.

How Long Will Your License Be Suspended?

In Illinois, DUI-related license suspensions vary based on whether it’s an administrative suspension or court-ordered suspension, as well as your history of prior offenses. The suspension periods for statutory summary suspensions and court-ordered suspensions are outlined below.

Steps to Reinstate Your License

1. Serve your full suspension or revocation period.
2. Pay reinstatement fees ($250 for summary suspension; $500 for revocation).
3. Provide proof of financial responsibility through an SR-22 insurance filing, if required.
4. Complete required alcohol evaluation and recommended treatment programs.
5. Pass the required driver’s license examination.
6. For drivers with multiple convictions, complete a formal hearing with the Secretary of State’s office.
7. Install a BAIID if required as a condition of reinstatement.

How to Apply for a Restricted Driver’s License

• For first-time offenses, apply for an MDDP through the Secretary of State’s office.
• Agree to install a BAIID on all vehicles you operate.
• Pay a $30 monthly monitoring fee to the Secretary of State.
• For drivers with repeat offenses seeking an RDP:
  • Request a formal hearing with the Secretary of State’s office.
  • Provide documentation proving hardship (employment verification, medical necessity).
  • Complete required alcohol evaluation and treatment programs.
  • File an SR-22 insurance certificate if required.
  • Pay all applicable fees.
  • Demonstrate at least 12 months of sobriety and ongoing abstinence.

Illinois Ignition Interlock Device (IID, a.k.a. BAIID) Requirements

Illinois uses the Breath Alcohol Ignition Interlock Device (BAIID) program to allow individuals with DUI offenses to drive legally while ensuring public safety. An ignition interlock device prevents a vehicle from starting if alcohol is detected on the driver’s breath. In Illinois, BAIIDs are mandatory for all drivers convicted of your first DUI who wish to drive during your statutory summary suspension period via an MDDP.

BAIID installation is also required for drivers with multiple DUI convictions who are granted an RDP. The program includes these key components:

• The device must be installed by a state-approved vendor at your expense.
• Monthly monitoring fees of $30 paid to the Secretary of State.
• Random retests while driving to ensure continued sobriety.
• All BAIID violations (failed tests, tampering attempts) are reported to the Secretary of State.
• Multiple violations can result in extended suspension or permit cancellation.

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

SR-22 Insurance Requirements

An SR-22 is a certificate of financial responsibility often required in Illinois after a DUI conviction or suspension. The SR-22 is not insurance itself but rather a form your insurance company files with the Secretary of State’s Division of Motor Vehicles to verify you maintain the state’s minimum liability coverage.

Key aspects of the SR-22 requirement, when applicable, include:

• You must maintain continuous coverage for typically 3 years.
• Any lapse in coverage is reported to the Secretary of State, resulting in license resuspension.
• Premiums for insurance with an SR-22 are likely to be significantly higher than standard rates.
• You need an SR-22 even if you don’t own a vehicle (non-owner policy).
• The SR-22 must be obtained before license reinstatement can occur.

Let us help connect you to the right licensed insurance specialist for you.

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Substance Abuse Evaluation and Treatment

Illinois requires all drivers convicted of DUI to complete an alcohol and drug evaluation and follow any recommended treatment before driving privileges can be reinstated. The evaluation may help determine the extent of the person’s alcohol or substance use problem and appropriate intervention. The process includes:

• Initial evaluation by a licensed evaluator approved by the Illinois Department of Human Services.
• Classification into risk categories (minimal, moderate, significant, or high) based on your history.
• Completion of the recommended intervention, which may range from 10 hours of alcohol education for minimal risk to intensive outpatient or inpatient treatment for high-risk individuals.
• Submission of completion documentation to the court and Secretary of State.
• Possible ongoing aftercare requirements including participation in support groups.
• All programs must be completed at facilities licensed by the Division of Alcoholism and Substance Abuse.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIs in Illinois

Sources

1. Illinois General Assembly. (n.d.). Illinois Compiled Statutes: (625 ILCS 5/) Illinois Vehicle Code. https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.01
2. Illinois Secretary of State. (n.d.). DUI, traffic safety & crash facts. https://www.ilsos.gov/publications/motorist/dui.html
3. Illinois Secretary of State. (n.d.). Monitoring device driving permit (DSD A 118) [PDF]. Illinois Secretary of State. https://www.ilsos.gov/content/dam/publications/pdf_publications/dsd_a118.pdf
4. FindLaw. (n.d.). Illinois DUI laws. https://www.findlaw.com/state/illinois-law/illinois-dui-laws.html
5. National College for DUI Defense. (n.d.). Illinois DUI laws. https://www.ncdd.com/illinois-dui-laws
6. Illinois State Police. (n.d.). Influenced driving. https://isp.illinois.gov/TrafficSafety/InfluencedDriving
7. Illinois Secretary of State. (n.d.). BAIID program. https://www.ilsos.gov/departments/baiid.html
8. Illinois Secretary of State. (n.d.). SR-22 financial responsibility. https://www.ilsos.gov/departments/drivers/drivers-license/sr-22-uninsured-crashes/finressr22.html