DUI & DWI in Illinois

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Illinois, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.00%  – for drivers under 21 years of age and school bus drivers

Having a license in the state of Illinois automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in a mandatory 6 months suspension. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

You may be convicted of DUI even if your BAC level is between 0.05% and 0.08% if there is additional evidence that shows that you are impaired, though Statutory Summary Suspension of license will not apply in such cases.

• Is treated as a Class A Misdemeanor.
• A loss of driving privileges for a minimum of 1 year.
• Imprisonment for up to 1 year.
• A $2,500 fine.
• You will be required to do 100 hours of community service.
• You may be eligible to obtain a Judicial Driving Permit provided you meet the requirements of the Secretary of State’s Administrative Hearings Department.
• Your vehicle registration will be suspended or revoked (Your vehicle may be impounded).
• You are required to complete an alcohol and drug evaluation and a substance abuse treatment program for your driving privileges to be reinstated.
• You may have to install a Breath Alcohol Ignition Interlock Device to your vehicle.
• You are required to carry high-risk auto insurance for 36 consecutive months.

(within 20 years)

• Is treated as a Class A Misdemeanor.
• A loss of driving privileges for a minimum of 5 years.
• Imprisonment for up to 1 year. (You face a mandatory 5 days imprisonment or 30 days community service if convicted a 2nd time within a 5-year period.)
• You will also be fined up to $2,500.
• You may be eligible to obtain a Restricted Driving Permit after the Statutory Summary Suspension period (1 year) provided you meet the requirements of the Secretary of State’s Administrative Hearings Department.
• Your vehicle registration will be suspended or revoked.
• Your vehicle may be impounded.
• You are required to complete an alcohol and drug evaluation and a substance abuse treatment program for your driving privileges to be reinstated.
• You may have to install a Breath Alcohol Ignition Interlock Device to your vehicle.
• You are required to carry high-risk auto insurance for 36 consecutive months.

(Aggravated DUI)

• Is treated as a Class 2 Felony.
• A loss of driving privileges for a minimum of 10 years.
• Imprisonment of 3 to 7 years. (You also face a mandatory 10-day imprisonment or 480 hours community service.)
• A fine of up to $25,000.
• You may be eligible to obtain a Restricted Driving Permit after the Statutory Summary Suspension period (1 year) provided you meet the requirements of the Secretary of State’s Department of Administrative Hearings.
• Your vehicle registration will be suspended or revoked.
• Your vehicle may be impounded.
• You are required to complete an alcohol and drug evaluation and a substance abuse treatment program for your driving privileges to be reinstated.
• You may have to install a Breath Alcohol Ignition Interlock Device to your vehicle.
• You are required to carry high-risk auto insurance for 36 consecutive months.

Aggravated DUI

• Is treated as a Class 2 Felony.
• Loss of your driver’s license for life.
• Imprisonment of 3 to 7 years.
• Fines of up to $25,000.
• Your vehicle registration will be suspended or revoked.
• Your vehicle may be impounded.
• You are required to complete an alcohol and drug evaluation and a substance abuse treatment program for your driving privileges to be reinstated.
• You may have to install a Breath Alcohol Ignition Interlock Device to your vehicle.
• You are required to carry high-risk auto insurance for 36 consecutive months.

• Is treated as a Class 1 Felony.
• Imprisonment of 4 to 15 years.
• Fines of up to $25,000.
• Your vehicle registration will be suspended or revoked.
• Your vehicle may be impounded.
• You are required to complete an alcohol and drug evaluation and a substance abuse treatment program for your driving privileges to be reinstated.
• You may have to install a Breath Alcohol Ignition Interlock Device to your vehicle.
• You are required to carry high-risk auto insurance for 36 consecutive months.

• Is treated as a Class X Felony.
• Imprisonment of 6 to 30 years.
• Fines of up to $25,000.
• Your vehicle registration will be suspended or revoked.
• Your vehicle may be impounded.
• You are required to complete an alcohol and drug evaluation and a substance abuse treatment program for your driving privileges to be reinstated.
• You may have to install a Breath Alcohol Ignition Interlock Device to your vehicle.
• You are required to carry high-risk auto insurance for 36 consecutive months.

NOTE: If you are convicted for DUI with a BAC of 0.16% or more, you will receive additional penalties, fines and imprisonment. This also applies when you are convicted for DUI while transporting a child below 16 years of age.

• Your driving privileges will be revoked for a minimum of 2 years if you are convicted for DUI. A 2nd conviction will result in license revocation for a minimum of 5 years or until your reach 21 years of age. A 3rd conviction is a Class 2 Felony and will result in a minimum 10 years revocation of your license. A 4th conviction for DUI will result in your license being revoked for life.
• Other penalties may include fines of up to $2,500 and imprisonment for up to 1 year. You will also have to participate in a Youthful Intoxicated Driver Visitation Program.
• Under the “Use It and Lose It” Zero Tolerance Law, you face a 3 month license suspension for your 1st offense for a BAC higher than 0.00%. If you refuse or fail to complete testing you will be given a 6-month suspension of your license. A 2nd offense will result in suspension for 1 year.
• Aside from these actions, penalties mentioned above for drivers over 21 may also apply to minors if they are convicted of DUI/DWI.

accompanied by a parent of legally specified individual.

• • Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• You will be barred from driving a commercial vehicle for at least 1 year, if you are convicted for your BAC being higher than 0.04%. The same applies for a conviction for DUI (regardless of BAC).
• You are placed out of service for 24 hours if any alcohol is found in your system.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
• Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their 1st and 2nd offenses of DUI/DWI. The other penalties do not apply since they are barred after the 2nd offense.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Secretary of State, once the period of suspension or revocation is over. To complete the reinstatement requirements at the end of the Statutory Summary Suspension period, other suspensions and revocation on the driving record must be cleared and you have to pay the reinstatement fee of $250 ($500 in case of repeat offenders). Payment can be mailed to:

Secretary of State

DUI Section

2701 S. Dirksen Pkwy

Springfield, IL 62723

To complete the reinstatement requirements if convicted for DUI and license revoked:

• You must have a clean driving record, that is, any other suspensions or revocations on record must also be cleared.
• You must complete an alcohol and drug remedial education program. Additionally, if your alcohol and drug evaluation indicates an alcohol or drug problem you should submit proof of treatment.
• You should appear before a Secretary of State hearing officer and demonstrate that public safety will not be endangered if your license is restored.
• You have to pass the license tests including the vision test, written test and the skill test all over again.
• You also have to pay the reinstatement fee of $500 ($1,000 for repeat offenders), and file proof of financial responsibility (SR-22).
• If you are being convicted for a 2nd time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• You can mail payment for revocation to:

Secretary of State

Traffic Violations Section

2701 S. Dirksen Pkwy

Springfield, IL 62723

For more information on reinstatements and permits contact the Secretary of State at (217) 782-7065 or mail them at:

Secretary of State

Administrative Hearings Department

291 Howlett Building

Springfield IL 62756