Illinois DUI Laws & Penalties
Last reviewed:
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0%, enhanced at 0.16%).
- Lookback period: lifetime. NO washout period — a 20-year-old prior counts for enhancement, and completed COURT SUPERVISION counts as a prior for felony enhancement (People v. Sheehan). Third violation ever = aggravated DUI felony.
- Primary statute: 625 ILCS 5/11-501
BAC 0.16+ adds mandatory minimums (first offense: 100 hours community service + $500 minimum fine) and disqualifies court supervision in many courts; 3rd offense at 0.16+ carries 90-day/$2,500 mandatory minimums. Under-21 is true zero tolerance (0.00).
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class A misdemeanor | none – 1 year; mandatory min none (0.16+: 100 hrs community service; child <16 in car: 6 months) | $0–$2,500 (plus substantial court costs/assessments; $500 minimum if 0.16+) | statutory summary suspension: 6 months (test failure) BEFORE conviction; conviction: minimum 1-year revocation – 1 year revocation; hardship: MDDP (Monitoring Device Driving Permit) with BAIID allows driving during the summary suspension for first offenders | Not required |
| Second offense | Class A misdemeanor | 5 days (or 240 hours community service) – 1 year; mandatory min 5 days jail OR 240 hrs community service | $0–$2,500 (plus costs) | 5-year revocation (second within 20 years) – 5 years; hardship: Restricted Driving Permit (RDP) with BAIID via Secretary of State hearing | Required |
| Third offense | aggravated DUI — Class 2 felony | probationable, but 0.16+: 90 days mandatory – 3–7 years; mandatory min 10 days jail or 480 hrs community service if probation granted | $0–$25,000 ($2,500 minimum if 0.16+) | 10-year revocation – 10 years; hardship: RDP with BAIID after hearing | Required |
| Fourth+ offense | Class 2 felony (4th, non-probationable); 5th = Class 1; 6th+ = Class X | 3 years – 7 years (4th); higher classes above; mandatory min imprisonment non-probationable at 4th+ | $0–$25,000 | lifetime revocation (4th+) – lifetime; hardship: none for lifetime revocation (limited RDP possibility after 5 years is narrow — verify at page QC) | Required |
First offense
- Classification: Class A misdemeanor
- Jail: none – 1 year; mandatory min none (0.16+: 100 hrs community service; child <16 in car: 6 months)
- Fine: $0–$2,500 (plus substantial court costs/assessments; $500 minimum if 0.16+)
- License suspension: statutory summary suspension: 6 months (test failure) BEFORE conviction; conviction: minimum 1-year revocation – 1 year revocation; hardship: MDDP (Monitoring Device Driving Permit) with BAIID allows driving during the summary suspension for first offenders
- Alternative disposition: Court supervision (once per lifetime for DUI): no conviction entered, no revocation — the most important IL first-offense fact. Typically unavailable at 0.16+ or with a minor in the vehicle; still counts as a prior forever.
- Interlock: BAIID required for the MDDP permit during summary suspension.
- Two separate license tracks: automatic statutory summary suspension (civil, starts day 46 after notice) AND post-conviction revocation.
Second offense
- Classification: Class A misdemeanor
- Jail: 5 days (or 240 hours community service) – 1 year; mandatory min 5 days jail OR 240 hrs community service
- Fine: $0–$2,500 (plus costs)
- License suspension: 5-year revocation (second within 20 years) – 5 years; hardship: Restricted Driving Permit (RDP) with BAIID via Secretary of State hearing
- Summary suspension: 12 months (failure) / 3 years (refusal) with a prior within 5 years — no MDDP for repeat offenders.
Third offense
- Classification: aggravated DUI — Class 2 felony
- Jail: probationable, but 0.16+: 90 days mandatory – 3–7 years; mandatory min 10 days jail or 480 hrs community service if probation granted
- Fine: $0–$25,000 ($2,500 minimum if 0.16+)
- License suspension: 10-year revocation – 10 years; hardship: RDP with BAIID after hearing
- All third-or-subsequent DUIs are aggravated (felony) regardless of BAC or timing.
Fourth+ offense
- Classification: Class 2 felony (4th, non-probationable); 5th = Class 1; 6th+ = Class X
- Jail: 3 years – 7 years (4th); higher classes above; mandatory min imprisonment non-probationable at 4th+
- Fine: $0–$25,000
- License suspension: lifetime revocation (4th+) – lifetime; hardship: none for lifetime revocation (limited RDP possibility after 5 years is narrow — verify at page QC)
Refusing a chemical test (implied consent)
Statutory summary suspension of 12 months for first refusal (vs 6 months for test failure) — refusal roughly doubles the civil suspension; 3 years with a prior within 5 years.
Statute: 625 ILCS 5/11-501.1
Ignition interlock
BAIID (Breath Alcohol Ignition Interlock Device): required for the first-offender MDDP during summary suspension and for RDPs issued to revoked drivers; multiple offenders face 5 years of BAIID as a reinstatement condition.
Statute: 625 ILCS 5/6-206.1; 92 Ill. Adm. Code 1001
Frequently asked questions
What is the penalty for a first DUI in Illinois?
A first DUI in Illinois is a Class A misdemeanor. Jail: none – 1 year; mandatory min none (0.16+: 100 hrs community service; child <16 in car: 6 months). Fine: $0–$2,500 (plus substantial court costs/assessments; $500 minimum if 0.16+). License suspension: statutory summary suspension: 6 months (test failure) BEFORE conviction; conviction: minimum 1-year revocation – 1 year revocation; hardship: MDDP (Monitoring Device Driving Permit) with BAIID allows driving during the summary suspension for first offenders.
What is the legal BAC limit in Illinois?
0.08% for most drivers, 0.04% for commercial drivers, and 0% for drivers under 21.
How long does Illinois look back at prior DUI offenses?
lifetime. NO washout period — a 20-year-old prior counts for enhancement, and completed COURT SUPERVISION counts as a prior for felony enhancement (People v. Sheehan). Third violation ever = aggravated DUI felony.