Understanding Driving Under the Influence (DUI)
It is illegal to operate a vehicle in Illinois with a blood-alcohol concentration (BAC) of .08 percent or greater. With additional evidence, a driver also can be convicted of DUI with a BAC in excess of .05. DUI also applies to driving under the influence of other drugs, including any legal or illegal substances that cause impairment regardless of how they enter the body. A DUI is classified as a violent crime and is never expunged from a drivers record.
Drivers arrested with a BAC in excess of .08, other drugs or refusing to submit to testing are subject to the Statutory Summary Suspension provisions regardless of any of the following court findings.
First conviction
- Class A Misdemeanor (see penalty chart)
- Minimum 1-year drivers license revocation (2 years if under age 21)
- Mandatory vehicle registration revocation
- If prior DUI-related suspension or revocation within 10 years, must have a Breath Alcohol Interlock Device (BAIID) installed as condition of driving relief.
Second conviction
- Class A Misdemeanor (see penalty chart)
- Mandatory minimum 5-year drivers license revocation (Driving relief available after 1 year of revocation only with BAIID installed)
- Mandatory vehicle registration revocation
Third conviction
- Class 4 Felony (see penalty chart)
- May be charged with Aggravated DUI
- Minimum 10 year drivers license revocation (Driving relief available after 1 year of revocation only with a BAIID installed.)
Fourth or subsequent conviction
- Class 4 Felony (see penalty chart)
- May be charged with Aggravated DUI
- Lifetime drivers license revocation (not eligible for driving relief)
Aggravated DUI
Includes a third or subsequent DUI, a DUI while driving a school bus with children, a DUI resulting in great bodily harm or death or a DUI violation after a previous conviction of reckless homicide or aggravated DUI involving a death.
- Class 4 Felony or Class 2 Felony (see penalty chart)
- Minimum drivers license revocation determined by severity of offense (minimum 1 year to revocation for life)
Contributing to DUI
Knowingly allowing a person to operate your vehicle under th einfluence of alcohol or other drugs.
- Class A Misdemeanor (see penalty chart)
Driving While Suspended or Revoked
Committing DUI while suspended or revoked for DUI, leaving the scene of a personal injury or fatal crash, reckless homicide or Statutory Summary Suspension.
First and Second Conviction
- Class 4 Felony (see penalty chart)
- Original suspension/revocation period extended
Third Conviction
- Class 3 Felony (see penalty chart)
- Original suspension/revocation period extended
Fourth or Subsequent Conviction
- Class 2 Felony (see penalty chart)
- not eligible for probation or conditional discharge
Drivers License Suspension
A suspension is the temporary loss of driving privileges for a specific length of time. Suspended drivers must comply with all requirements and pay any fees to obtain reinstatement of driving privileges.
Drivers License Revocation
A revocation is the loss of dribing privileges with no gurarantee of reinstatement. An individual may apply for reinstatement at the end of the revocation period. An administrative hearing remedial education, recent alchol/drug assessment, substance abuse reatment and payment of applicable fees also are required. If approved, reinstatement requires retestng and fee's for a new drivers license.
Driving Under the Extreme Influence of Alcohol (Drivers with a BAC of .16 or greater.)
First conviction
- Class A Misdemeanor (see penalty chart)
- Minimum 1 year drivers license revocation
- If prior DUI-related suspension or revocation within 10 years, must have a BAIID installed as condition of driving relief.
Second conviction
- Class A Misdemeanor (see penalty chart)
- Minimum 5 year drivers license revocation (Driving relief available after 1 year of revocation only with a BAIID installed)
Third conviction
- Class 4 Felony (see penalty chart)
- Minimum 10 year drivers license revocation (driving relief available after 1 year of revocation only with a BAIID installed.)
Fourth conviction
- Class 2 Felony (see penalty chart)
- Lifetime drivers license revocation (not eligible for driving relief)
DUI-Child Endangerment (DUI while transporting a child under 16)
First conviction
- Class A Misdemeanor (see penalty chart)
- Minimum 1 year drivers license revocation
- If prior DUI-related suspension or revocation with 10 years, must have a BAIID installed as a condition of driving relief.
Second conviction
- Class A Misdemeanor (see penalty chart)
- Minimum 5-year drivers license revocation (Dribing relief aailable after 1 year of revocation only with a BAIID installed.)
Third conviction
- Class 4 Felony (see penalty chart)
- Minimum 10 year drivers license revocation (Driving relief available after 1 year of revocation only with a BAIID installed.)
Fourth or subsequent conviction
- Class 2 Felony (see penalty chart)
- Lifetime dribers license revocation (not eligible for driving relief.)
Statutory Summary Suspension
Failing chemical testing-
First Offense
- 3 month suspension
- Eligible for Judicial Driving Permit (JDP) on 31st day of suspension)
Second or Subsequent Offense
- 12 month suspension
- Not eligible for JDP or retricted Driving Permit (RDP)
Refusing to submit to chemical testing
First Offense
- 6 month suspension
- Eligible for JDP on 31st day of suspension
Second Offense
- 36 month suspension
- Not eligible for JDP or RDP
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