dui illinois

How Bad is a DUI in Illinois?

Many people are familiar with what a DUI (Driving Under the Influence) charge is, but exactly how bad is it to be charged with? A DUI charge is a criminal offense in the state of Illinois, which can come with some serious consequences. The types of consequences you receive as a result of your DUI depend on the circumstances and whether or not it is your first offense. In this blog, we will be going over how bad a DUI charge can be in Illinois, discussing the different penalties based on whether it is a first offense or higher, and aggravating factors.

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Understanding DUI in Illinois

In Illinois, a DUI is defined as operating a motor vehicle while impaired by alcohol, drugs, or any intoxicating compounds. This is not limited to alcohol but also legal or illegal drugs that impair your ability to drive properly. Under Illinois law, a driver can be charged with DUI if their physical or mental condition is impaired to the point that they are unable to drive safely.

Legal Blood Alcohol Concentration (BAC) Limit in Illinois

The legal BAC limit in Illinois is 0.08% for drivers aged 21 and over. If a driver has a BAC of 0.08% or higher, they can be charged with DUI, regardless of whether their driving ability appears impaired. Commercial drivers in Illinois are held to a stricter BAC limit of 0.04%. For drivers under the age of 21, Illinois has a zero-tolerance policy, meaning any amount of alcohol in their system can result in a DUI charge.

Penalties for DUI in Illinois

First-Time Offenders

  • Fines and Fees: First-time DUI offenders in Illinois can face fines of up to $2,500. 
  • Jail Time and Probation: Jail time for a first-time DUI can range from 1 to 364 days. 
  • License Suspension: A first-time DUI results in a license suspension for up to 6 months if you fail a chemical test. If you refuse the test, the suspension can be extended to 12 months. After 30 days of suspension, you may be eligible for a Monitoring Device Driving Permit that allows you to drive with an installed ignition interlock device.
  • Required Alcohol Education Programs: After a DUI charge, you must complete an alcohol and drug evaluation and attendance at a DUI education or treatment program. This program typically lasts 10 hours and is designed to prevent future offenses.

Repeat Offenders

  • Escalated Fines and Longer Jail Sentences: For a second DUI offense, fines increase, with a potential maximum of $2,500. Third and higher offenses are classified as Class 2 felonies, carrying fines up to $25,000 and a possible prison sentence of 3 to 7 years.
  • Extended License Suspension or Revocation: A second DUI leads to a 1-year license suspension, and a third DUI results in a 10-year suspension. After the third conviction, there is a risk of permanently taking away your driving privileges.

Aggravating Factors

  • High BAC (0.16% or Higher): If your BAC is 0.16% or higher, you may have to pay additional fines of at least $500 for a first offense and mandatory minimum jail time of 2 days.
  • DUI with Minors in the Vehicle: Driving under the influence with a passenger under the age of 16 results in a mandatory minimum fine of $1,000, 25 days of community service in a program benefiting children, and up to 6 months in jail. For repeat offenses, penalties are much more severe.
  • DUI Resulting in Accidents, Injuries, or Deaths: If your DUI leads to an accident causing great bodily harm, permanent disability, or disfigurement, you could be charged with aggravated DUI, a Class 4 felony punishable by 1 to 12 years in prison. If death occurs, the charge becomes a Class 2 felony, with a potential sentence of 3 to 14 years in prison for one death, and 6 to 28 years for multiple deaths. 

Seek Help With Your DUI from an Illinois Attorney

When you’re facing a DUI conviction, you are facing a criminal offense that will be harmful to you in one way or another depending on the circumstances. Fortunately, your defense lawyer is there to help you every step of the way. At Liberty Law, P.C. we know how difficult overcoming a DUI can be, and we’re ready to help you build the right defense for your Illinois case. To get started, reach out to your Illinois DUI lawyer today.