DUI Reference Guide

Illinois DUI Laws

Being arrested for a DUI (Driving under the Influence) in Illinois results in serious consequences.  An individual convicted of DUI will have a court case as well as face an administrative license suspicion.  This license suspension will be in addition to those of the criminal case. 

In most cases the first two times a person is charged with a DUI, they will only be convicted of a misdemeanor if found guilty of DUI.  In fact, a first time offender might have the ability to receive supervision by the court in lieu of a guilty conviction.  Although the case will be dismissed after the supervision period has ended, the fact that the individual has court supervision for their DUI will become a matter of public record.

Anyone who is convicted of a DUI, will face time in jail as well as a suspension of their license.  In fact, jail time can be as much as 364 days.  The maximum fine is generally $2500.  The length of the license suspension is dependant upon the number of DUI offenses a person has committed.  First time offenders can lose their license for one year, while second time offenders can lose their license for five years.  The length of suspension jumps to ten years for an individual on their third offense.

Anytime an individual is found to have a blood alcohol content of 0.08% or higher, they will have a suspension of their license.  In Illinois the suspension is set to start 46 days after a person has been arrested.  The same is true if a person is asked to take a blood test on suspicion of a DUI and they refuse.  Even when a person’s license is suspended, they can sometimes receive a permit along them to drive in medical circumstances if they have medical reasons or to drive to and from work.  A person can request a hearing before the 46 days has ended.  In this case the license will not be suspended until the hearing is completed. 

The length of license suspension for the administrative license suspension is also dependant upon a person’s number of prior convictions.  An individual will lose their license for three months on a first offense.  They will lose their license for six months if they did not submit to DUI testing.  More than one prior conviction will result in a one year loss of license.  Individuals, who refused chemical testing and are over the legal limit, lose their license for two years if they have prior DUI convictions.

Illinois also cracks down on minors (under 21) who are driving under the influence.  A minor’s license is suspended for at least two years the first time.  On a second offense, their license is revoked for up to five years.   If a person will not turn 21 for more than five years, then their license is revoked until they reach 21.  A third offense will result in a loss of license for ten years. 

The Secretary of State does offer certain terms for which an individual can receive a permit to drive for a year.  From 5a.m. to 9p.m. are the only times the person can drive.  When the year has ended a person can try to receive a driver’s license with no restrictions.  This may or may not be granted. 

Minors on their second offense could spend 48 hours in jail.  They might be sentenced to community service for ten days instead.  A third offense does not offer such leniency.  This is treated as felony with severe consequences.  This conviction could result in jail time up to three years and fines as high as $25,000.  It will be ten years before the possibility of obtaining a driver’s license again.  Fourth offenses will result in permanent revocation of a license. 

Due to the serious nature of a DUI charge, individuals should seek help from an attorney.  Many attorneys will offer free consultations.  You can therefore meet with a few lawyers to find the one that seems most suited to handle your case.  Find a lawyer with an established history of defending DUI cases.  A lawyer that handles only or primarily DUI cases is probably the best option.