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

Second conviction

Third conviction

Fourth or subsequent conviction

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.

Contributing to DUI

Knowingly allowing a person to operate your vehicle under th einfluence of alcohol or other drugs.

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

Third Conviction

Fourth or Subsequent Conviction

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

Second conviction

Third conviction

Fourth conviction


DUI-Child Endangerment (DUI while transporting a child under 16)

First conviction

Second conviction

Third conviction

Fourth or subsequent conviction

Statutory Summary Suspension

Failing chemical testing-

First Offense

Second or Subsequent Offense

Refusing to submit to chemical testing

First Offense

Second Offense




Penalties Chart


Class A Misdemeanor- Possible imprisonment of 0-12 months; fines up to $2,500.

Class 2 Felony-

  • DUI-Possible imprisonment of 3-7 years; Fines up to $25,000
  • Aggravated DUI /Reckless Homicide with 1 death- Possible imprisonment of 3-14 years; Fines up to $25,000
  • Aggravated DUI/Reckless Homicide with multiple deaths-Possible imprisonment of 6-28 years; Fines up to $25,000.
Class 3 Felony - Possible imprisonment of 2-5 years; Fines up to $25,000

Class 4 Felony -

  • Possible imprisonment 1-3 years; Fines up to $25,000
  • Aggravated DUI involving injury - Possible imprisonment of 1-12 years; Fines up to $25,000.

Penalties may vary according to the severity of the offense. A complete listing of penalties is available in the Secretary of State's DUI Fact Book.