Driving Under the Influence (DUI) Laws in Illinois

1. What are the minimum and maximum penalties for a first time DUI offense in Illinois?


The minimum penalty that a first time DUI offender in Illinois may face is a fine of up to $2,500. The maximum penalty that a first time DUI offender may face is up to one year in jail, a fine of up to $2,500, a one year driver’s license suspension, and the completion of an alcohol education program.

2. What is the legal Blood Alcohol Content (BAC) limit in Illinois?


The legal Blood Alcohol Content (BAC) limit in Illinois is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Illinois?


Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Illinois.

4. How long does a DUI conviction stay on an individual’s record in Illinois?


A DUI conviction in Illinois typically remains on an individual’s criminal record indefinitely. The conviction may be removed from an individual’s record after the completion of 10 years of a period of good behavior.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Illinois?


Yes, there are exceptions to the zero tolerance policy on underage drinking and driving in Illinois. Under state law, an underage driver can be charged with a DUI if they are found to have a blood alcohol content (BAC) of 0.08% or greater. This exception applies to drivers who are 21 years of age or older.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Illinois?


Yes, it is illegal for anyone under 21 years of age to purchase, possess, or consume alcohol in Illinois. This includes drivers under 21 years of age.

7. Are there any ignition interlock laws in Illinois?


Yes, there are ignition interlock laws in Illinois. The state requires all drivers convicted of a DUI to install an ignition interlock device in their vehicle. The device must remain in the vehicle for a minimum of six months, and the driver must pass a breathalyzer test in order to start the vehicle.

8. What type of license suspension is issued for a DUI conviction in Illinois?


In Illinois, a DUI conviction typically results in a driver’s license suspension or revocation. The length of the suspension or revocation depends on the severity of the offense and whether the offender has any prior DUI convictions. Generally, a first-time DUI conviction results in a one-year license suspension; however, depending on the severity of the offense, a revocation of up to three years may be imposed. For repeat offenders, license suspensions or revocations typically range from two to five years.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Illinois?


Yes. According to Illinois law, an individual charged with a DUI is required to attend drug and alcohol classes or treatment programs as part of their sentence. This can be a condition of either a court-ordered or administrative suspension, depending on the circumstances.

10. Does Illinois have an implied consent law for chemical testing after a DUI arrest?


Yes, Illinois does have an implied consent law for chemical testing after a DUI arrest. Under the law, any person who operates a motor vehicle in the state is deemed to have given consent to a chemical test or tests of their breath, blood, or urine for the purposes of determining the alcohol content or presence of other drugs in the system. Refusal to submit to such tests can result in a license suspension of up to one year.

11. Are there any laws requiring sobriety checkpoints or roadblocks in Illinois?


Yes, sobriety checkpoints and roadblocks are allowed in the state of Illinois. Law enforcement agencies may conduct these checkpoints or roadblocks to identify and apprehend impaired drivers.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Illinois?


Yes, there are restrictions. Anyone convicted of a DUI in Illinois may be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle. This device requires the driver to provide a breath sample before the vehicle can be started. Additionally, anyone with a DUI conviction may be subject to additional restrictions, such as driving only to and from authorized locations, not being allowed to drive between certain hours, or having an Occupational Limited License (OLL) which restricts the number of authorized passengers allowed in the vehicle at any one time.

13. Is it possible to have a DUI charge reduced to a lesser offense in Illinois?


Yes, it is possible to have a DUI charge reduced to a lesser offense in Illinois. Depending on the circumstances, a DUI charge can be reduced or amended to reckless driving or even dismissed altogether.

14. What is the legal limit for open containers of alcoholic beverages while driving in Illinois?


In Illinois, open containers of alcoholic beverages are prohibited in the passenger area of any motor vehicle that is being operated on a public highway or roadway. This includes all streets and roads, including parking lots.

15. Does insurance coverage change after a DUI conviction in Illinois?


Yes, insurance coverage does change after a DUI conviction in Illinois. Insurance companies may increase premiums or cancel the policy altogether. In addition, some insurers may require people with a DUI on their record to purchase a special high-risk policy.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Illinois?


No. In Illinois, driving with a revoked license resulting from a DUI conviction is not allowed under any circumstances.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Illinois?


Yes. Illinois’ Vehicle Code makes it illegal for a person to operate a motor vehicle that is not covered by liability insurance after being convicted of a DUI. Violations of this law may result in license suspension, revocation, or other criminal penalties.

18. Is plea bargaining allowed for DUI cases in Illinois?


Yes, plea bargaining is allowed for DUI cases in Illinois. However, it is important to note that plea bargaining may not necessarily be in the best interest of the defendant. Those charged with DUI in Illinois should consult an experienced criminal defense attorney who can advise them on the best option for their case.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Illinois?


In Illinois, an individual has to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction within 90 days of their DUI arrest.

20. Does Illinois offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?


Yes, Illinois offers a program called the Illinois Driver Rehabilitation Program (IDRP) that helps individuals get their driver’s license reinstated after a DUI conviction. IDRP participants must complete an approved alcohol and drug use evaluation, as well as a course of instruction. They must also enter into a contract with the Secretary of State’s office and pay a fee. If all requirements are met, a restricted driving permit may be issued.