Illinois DUI Law

Here's what you need to know about DUI in Illinois.

Related Ads
Need Professional Help? Talk to a Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

In Illinois, you can get a DUI (driving under the influence, also known as drunk driving) if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Illinois says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Illinois and other details about Illinois DUI law.

In Illinois, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in Illinois, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

1 year license suspension

3 years license suspension

3 years license suspension

In Illinois, when do police have to measure your blood alcohol content (BAC)?

In Illinois, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Illinois?

In Illinois, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is 0%. Illinois is a "zero tolerance" state. Also, additional license suspensions apply for drivers under 21.

What are the minimum jail times for a DUI in Illinois?

Here are the minimum jail times for a DUI in Illinois, broken out by whether this is your first, second, or third DUI offense:

1st offense

2nd offense

3rd offense

No minimum jail sentence

5 days jail or 240 hours community service

No minimum jail sentence but sentenced as "aggravated DUI"

How long will prior DUI convictions remain relevant for sentencing purposes in Illinois?

In Illinois, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 5 years.

Can a DUI be “pleaded down” to a "wet reckless" in Illinois?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in your state. If you are interested in contacting a lawyer to assess your options, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in Illinois?

Yes, IIDs are required for all persons convicted of a second offense.

Where can I get more information about DUI laws in Illinois?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Illinois DUI attorneys in your area.

Last updated on 09/01/2010.

Talk to a DUI Lawyer

Start here to find lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO5:LDR.1.5.0.20140409.25642