Illinois DUI laws are strict and provide severe penalties for those who violate them. The purpose of this article is to break them down for you.
Penalties for Refusing an Illinois Breathalyzer/Chemical Test
If you refuse to submit to a chemical test in Illinois, you could face serious consequences. Refusing a breathalyzer or sobriety test is a violation of the “implied consent” rule and can result in an automatic suspension of your driver’s license for up to one year.
The arresting officer will issue you a notice of statutory summary suspension and if you had a driver’s license, the officer will issue you a receipt that will work as your temporary license for the next 45 days, on the 46th day your suspension period will begin.
For a first offense failure or refusal within the past 5-years your license will be suspended for 12-months. As long as your license was not currently under suspension or your DUI resulted in an accident causing death or bodily injury, you should be able to request a Monitoring Device Driving Permit (MDDP) after the first 30 days of your suspension period from the court. That will allow you to drive 24/7.
Restricted License Requirements
If your driver’s license has been suspended due to an alcohol-related offense you may be eligible for a Restricted Driving Permit (RDP). An RDP allows individuals who have had their driver’s license revoked or suspended to travel to and from approved places such as work, school, medical care facilities, or court-ordered substance abuse treatment. To be eligible, you must meet certain qualifications as set by the Secretary of State. These include: completion of a driver/alcohol safety program, minimum period of revocation or suspension served, proof of financial responsibility and enrollment in an approved breath alcohol ignition interlock device (BAIID) program.
Sobriety Checkpoints
Illinois law enforcement conduct DUI checkpoints throughout the state. If you are stopped at a sobriety checkpoint, law enforcement officers may request to see your driver’s license, registration and proof of insurance. They will then ask questions about where you’ve been and if you’ve had anything to drink. You have the right to refuse to answer questions and politely decline any tests unless you are arrested. Remember, refusing a test or questioning at a sobriety checkpoint does not mean you are guilty of any crime.
Illinois First Offense DUI Penalties
Most First Offense DUI’s in Illinois are considered misdemeanors and carry the following penalties:
- Court-ordered fines and fees of up to $2,500
- A minimum one-year driver’s license suspension or revocation
- Up to one year in jail for a first offense if the person’s blood alcohol content (BAC) is greater than 0.16%, but no more than 365 days if the BAC is 0.16% or less
- Mandatory attendance in an alcohol and drug evaluation, education program, and/or treatment
- Community service
- Installation of an ignition interlock device (IID) for the first six months after license reinstatement
- Vehicle registration suspension for one year or up to three years if the individual is convicted of a second or subsequent offense
If an individual is charged with a DUI/DWI in Illinois and refuses to take the breathalyzer test, they will automatically have their driver’s license suspended for six months. There is also the possibility of additional fines and jail time depending on the severity of the offense.
Illinois Second Offense DUI Penalties
Most Second Offense DUI’s in Illinois are considered aggravated misdemeanors and carry the following penalties:
- Court-ordered fines of up to $2,500
- A minimum five-year driver’s license suspension or revocation
- Up to one year in jail for a second offense if the person’s blood alcohol content (BAC) is greater than 0.16%, but no more than 364 days if the BAC is 0.16% or less
- Mandatory attendance in an alcohol and drug evaluation, education program, and/or treatment
- Community service
- Installation of an ignition interlock device (IID) for the first six months after license reinstatement
- Vehicle registration suspension for one year or up to three years if the individual is convicted of a second or subsequent offense
- Mandatory enrollment in an ignition interlock device (IID) program for the first 12 months after license reinstatement
- Mandatory minimum jail time of five days if the BAC is more than 0.16%
A second offense DUI in Illinois can also lead to more severe penalties, such as a felony charge with up to seven years in prison and fines of up to $25,000.
Illinois Third Offense DUI Penalties
Most Third Offense DUI’s in Illinois are considered felonies and carry the following penalties:
- Court-ordered fines of up to $25,000
- A minimum 10-year driver’s license suspension or revocation
- Up to seven years in prison for a third offense if the person’s blood alcohol content (BAC) is greater than 0.16%, but no more than 364 days if the BAC is 0.16% or less
- Mandatory attendance in an alcohol and drug evaluation, education program, and/or treatment
- Community service
- Installation of an ignition interlock device (IID) for the first 12 months after license reinstatement
- Vehicle registration suspension for one year or up to three years if the individual is convicted of a second or subsequent offense
- Mandatory minimum jail time of 10 days if the BAC is more than 0.16%
If an individual is convicted of their third DUI offense within 20 years in Illinois, they will also be required to have their vehicles equipped with a Breath Alcohol Ignition Interlock Device for a period of five years. This device requires the individual to blow into it and if their BAC is over the legal limit, the vehicle won’t start.
In addition to these penalties, individuals convicted of a DUI/DWI in Illinois may also be required to pay for the costs of their own prosecution and may have their vehicles seized by the state. It is important to note that these penalties can vary depending on the severity of the offense and the individual’s prior record. Regardless, it is always important to seek legal advice when facing DUI/DWI charges in Illinois. An experienced lawyer can provide sound legal guidance and help ensure the best possible outcome for your case.
Illinois DUI Under 21 Years of Age
Drivers under the age of 21 in Illinois are subject to a “zero tolerance” policy for alcohol consumption. This means that drivers who are pulled over and found to have any trace of alcohol in their system may be charged with a DUI/DWI offense even if they were not intoxicated at the time of their arrest.
The penalties for DUI/DWI for drivers under the age of 21 are as follows:
- Court-ordered fines of up to $2,500
- A minimum one-year driver’s license suspension or revocation
- Up to 364 days in jail if the person’s blood alcohol content (BAC) is greater than 0.16%, but no more than 364 days if the BAC is 0.16% or less
- Mandatory attendance in an alcohol and drug evaluation, education program, and/or treatment
- Community service
- Installation of an ignition interlock device (IID) for the first six months after license reinstatement
- Vehicle registration suspension for one year or up to three years if the individual is convicted of a second or subsequent offense
- Mandatory minimum jail time of five days if the BAC is more than 0.16%
Illinois has also implemented stiffer penalties for underage drivers who are caught with an open container of alcohol in their possession while operating a vehicle, as well as for anyone who is found to be in possession of a fake ID. These penalties include fines of up to $2,500, revocation or suspension of a driver’s license for one year, and possible jail time.
It is important that drivers under the age of 21 understand the legal limits regarding alcohol consumption and ensure they are following all laws when operating a motor vehicle.
Illinois SR22 Requirements
Drivers who have been convicted of a DUI/DWI in Illinois are required to carry an SR22 insurance certificate, which is essentially proof of financial responsibility. An SR22 form must be filed with the Secretary of State’s office and must remain on file for three years from the date that a driver’s license is reinstated.
The purpose of the SR22 form is to ensure that should the insured driver cause an accident while driving, they have adequate liability coverage to pay for any bodily injury or property damage caused. It is important to note that SR22 insurance can be expensive and may not be available through all carriers.
In addition to filing an SR22 form, drivers convicted of a DUI/DWI in Illinois may also be required to take an alcohol and drug evaluation, complete an education program or treatment, install an ignition interlock device (IID) in their vehicle, and/or have their vehicle registration suspended.
Do You Have to Take a DUI Class in Illinois?
Anyone convicted of a DUI or DWI in Illinois is required to complete an alcohol and drug evaluation, as well as an education and/or treatment program. The length and nature of the program depends on the individual’s circumstances and prior record. Typically, however, these programs involve 10-12 hours of classroom instruction spread over two days, plus an additional five hours of individual counseling.
Are people with Illinois DUI’s able to take Online Classes?
Yes. drivers with DUI/DWI convictions in Illinois can take online DUI classes as part of their education and/or treatment program. However, it is important to note that any courses taken must be approved by the Secretary of State’s office. Additionally, many courts require that these courses are taken in a classroom setting. Therefore, it is recommended that drivers confirm that their online classes will be considered valid.
It is important for those convicted of a DUI/DWI offense in Illinois to take the necessary steps to restore their driving privileges. By completing an alcohol and drug evaluation, education program, or treatment course, as well as filing an SR22 form, drivers can ensure that they are in compliance with the law.
By understanding the laws and taking all necessary steps to comply, drivers can avoid additional fines, suspension of their driving privileges, or even imprisonment.
Additional Illinois DUI Resources
Illinois Department of Transportation (DUI) – DUI Information
Governors Highway Safety Association
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