DUI Penalties in Illinois
In the state of Illinois, if you’re caught driving with a Blood Alcohol Concentration (BAC) level of 0.08% or higher, you’ll be charged with a DUI (Driving Under the Influence). A driver with a BAC level below 0.08% but above 0.00% may also be charged with a DUI if they’re driving is impaired.
The penalties for being charged with a DUI in Illinois are harsh and often extensive. Common penalties drivers face if convicted of a DUI include the following:
- Legal Fines
- Jail Time
- Driver’s License Suspension or Revocation
- Requirement of A Breath Alcohol Ignition Interlock Device (BAIID) on Your Vehicle
Penalties for a DUI will vary based on driving history, age, BAC level, and other individual factors. Below are some examples of DUI penalties drivers can face based on the number of DUI charges they’ve received before.
First DUI Conviction (Class A Misdemeanor)
- Revocation of driving privileges for at least 1 year (increases to 2 years if the driver is under age 21)
- Suspension of vehicle registration
- Possible minimum fine of $500
- Possible community service (minimum of 100 hours)
Second DUI Conviction (Class A Misdemeanor)
- A minimum 5 days jail time or 240 hours of community service
- Revocation of driving privileges for at least 5 years (if the second conviction occurred within 20 years of the last)
- Suspension of vehicle registration
Third DUI Conviction (Aggravated DUI & Class 2 Felony)
- Revocation of driving privileges for a minimum of 10 years
- Suspension of vehicle registration
As the number of convictions increases, so do the charges. For example, a sixth or subsequent DUI conviction will result in an individual losing their driving privileges for life. DUI charges are also more severe if the driver has a BAC level of .16% or higher.
Aggravated DUIs are any DUI offense that results in a felony charge. Community service and/or imprisonment may be mandatory, and if so, neither will be subject to reduction or suspension.
Cannabis-Based DUI
It’s illegal to drive while under the influence of cannabis or other drugs in Illinois. If an individual is caught driving while impaired by the use of cannabis or another substance, they may be charged with a DUI.
If caught driving with an open container of marijuana, this may also result in the loss of driving privileges. If a person has a medical marijuana card and they’re caught driving under the influence of cannabis, their card may be revoked.
Illinois Zero Tolerance Law
The Illinois Zero Tolerance Law states that if someone under 21 has any trace of alcohol in their system while operating a vehicle, they’ll lose their driving privileges. This rule applies even if their BAC level is below 0.08%.
It should be noted there are additional penalties for a DUI conviction if the following situations apply:
- The intoxicated driver was traveling with a child under the age of 16
- An accident occurs
- The intoxicated driver was driving with a suspended or revoked license
- The intoxicated driver refused to take a chemical test
Regardless of the circumstances surrounding a DUI charge, if you’re facing a potential DUI conviction it’s important to work with a qualified attorney.
Implied Consent Law & Statutory Summary Suspension
All drivers in Illinois are obliged to follow the state’s Implied Consent Law. This law states that all drivers arrested for a DUI are legally required to comply when asked to undergo chemical testing. Refusal to take the test, or failure of the test, will result in a Statutory Summary Suspension. This is an automatic suspension issued by the Secretary of State.
A Statutory Summary Suspension may last anywhere from 3 months to 3 years, depending on the following factors:
- The number of offenses the driver has committed
- Whether the driver failed the test or refused it
- If the driver’s BAC level is above or below 0.08%
For a first offense and failed test, a driver may face a 6 month suspension. For a first offense and test refusal, a driver may face a 1 year suspension.
For a second or subsequent offense and failed test, a driver may face a 1 year suspension. For a second or subsequent offense and test refusal, a driver may face a 3 year suspension.
For a first offense where the driver’s BAC level was less than 0.08%, they may face a 3 month suspension for a failed test, or a 6 month suspension for a test refusal. For a second or subsequent offense, they may face a 1 year suspension for a failed test, or 2 year suspension for a test refusal.
How Our Rockford DUI Attorneys Can Help
Whether you’ve already been convicted of a DUI, or you’re facing potential charges, our DUI lawyers in Rockford, IL can help you regain your driving privileges.
At The Crosby Law Firm, our attorneys will carefully look over your case to get a full picture of the situation and what occurred during your encounter with the police. We’ll answer any questions you have and do our best to ease your mind while building a strong DUI defense case.
Our lawyers are highly experienced in the field of criminal and traffic law. We can ascertain whether a law enforcement officer violated your rights, and identify flaws in the prosecution’s case. We’ll also look for ways to reduce your charges, lessen financial penalties, and possibly get your case dismissed entirely.
Reducing A DUI Charge
In some scenarios, a DUI charge may be able to be reduced. Our DUI attorneys in Rockford, IL will review your case and your record to determine whether a reduction is possible.
Contact Us at The Crosby Law Firm Today
If you’ve been charged with a DUI in Rockford, Illinois and require assistance from a criminal defense attorney, The Crosby Law Firm can help. With over 150 years of combined experience, our lawyers are highly skilled at protecting Illinois drivers.
Contact us today to schedule a free initial case consultation and allow us to defend your driving privileges.
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- Legal Team With Over 150 Years of Combined Experience
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