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Illinois DUI Law

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Illinois DUI Laws

Illinois's Implied Consent Law
Illinois's BAC Limit
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Illinois DUI Law

state that individuals will face two types of charges when they are arrested for DUI. They will face an administrative review for driving privileges and in addition, they will face a criminal case to determine their punishment. The process happens quickly and therefore hiring a well-qualified Illinois DUI lawyer is critical as soon as you face charges.

Illinois BAC Limit

As with most states, Illinois has a blood alcohol concentration level set at 0.08 percent. If you are found to have alcohol at that level or above, you will be charged with DUI. In addition, Illinois has a zero tolerance level (0.00) for those under 21. Anything in their system will result in charges. Those who have a blood alcohol level of .20 will face enhanced Illinois penalties. This may include double fines and an extended driver's license suspension, at the discretion of the judge.

Implied Consent

Illinois does have an implied consent law that you agree to just by driving in the state. This means that you agree to a chemical test to determine your intoxication level if a police officer requests it. If you refuse to submit to this test, it will warrant penalties similar to first offense charges.

Illinois 1st DUI Offense

For first and second time offenders of the Illinois DUI laws, the charge will be a misdemeanor. For any additional charges, or in cases where an individual is harmed, this will be treated as a felony.

A first time offender will receive court supervision. This is NOT viewed as a conviction and will be dismissed if the individual completes the court supervision and other requirements. It will remain on their driving record and criminal history, though. In addition:

  • A minimum of 1 year suspension of your driver's license may occur
  • Fines up to $1000
  • Misdemeanor charge

If the driver was found to be drunk while carrying a passenger under the age of 16: 140 hours of community service is required, 40 hours of which must be used to benefit children, an additional $1000 fine and 2 additional days of imprisonment

Illinois DUI 2nd Offense

Those who are convicted of a DUI for a second time will face the following Illinois DUI penalties.

  • Minimum of 3 year suspension of driver's license
  • Mandatory 48 hours in jail or 10 days of community service, up to one year in jail
  • Fine of $1000
  • Misdemeanor charge

Illinois has a look back period of five years. This means that if an individual has a second conviction of DUI within five years of previous conviction, these results in the second offense penalties.

Illinois DUI Laws: 3rd Offense

A third offense is labeled as such if the individual has been convicted of DUI three times within five years. The Illinois DUI penalties for a third offense include:

  • Minimum of 6 years driver's license revocation
  • Fine up to $10,000
  • Jail time up to 3 years
  • Misdemeanor charge

Hire an Illinois DUI Lawyer

Due to the severity of Illinois DUI laws, it is critical that an individual hire a specialized Illinois DUI lawyer as soon as they face charges or are arrested. This may allow the lawyer time to get charges dropped or reduced. In addition, with the aid of an attorney, it may be possible to face a reduction of charges such as jail time, fines and driver's license revocation.

Contact Illinois Drunk Driving Attorneys


  • Arlington Heights
  • Aurora
  • Bartlett
  • Berwyn
  • Bolingbrook
  • Buffalo Grove
  • Carol Stream
  • Chicago DUI Lawyers
  • Chicago Heights
  • Cicero
  • Des Plaines
  • Elgin
  • Glenview
  • Granite City
  • Harvey
  • Joliet
  • Lockport
  • Lombard
  • Mchenry
  • Moline
  • Mount Prospect
  • Normal
  • Oak Lawn
  • Palatine
  • Plainfield
  • Tinley Park
  • Waukegan
  • Wheaton

Illinois DUI Legal Web Resources

Illinois State DUI Laws Illinois Department of Transportation DUI Facts
Florida Lawyer Directory
Illinois DMV DUI Guide
Illinois State Police Illinois Superior Courts


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