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What are DUI penalties in Illinois?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Illinois DUI law is found at 625 ILCS 5/11-501 and the Vehicle Code's Article VI on driver licensing.

1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, and any amount of alcohol for drivers under 21 (zero tolerance under § 11-501.8).

2. First Offense — Class A misdemeanor: up to 364 days in jail, fine up to $2,500, minimum 1-year license revocation (2 years if under 21), 100 hours community service if BAC .16+, and mandatory completion of an alcohol/drug evaluation and risk-education program.

3. First Offense IID — Eligible offenders may receive a Monitoring Device Driving Permit (MDDP) requiring an ignition interlock for the duration of the suspension.

4. Second Offense — Class A misdemeanor: up to 364 days jail, mandatory minimum 5 days jail OR 240 hours community service, $2,500 fine, 5-year license revocation if within 20 years.

5. Third Offense — Class 2 felony (Aggravated DUI): 3-7 years prison, up to $25,000 fine, and 10-year license revocation.

6. Fourth Offense — Class 2 felony with 3-7 years prison and lifetime license revocation.

7. Aggravated DUI — Triggered by a third offense, DUI without a valid license/insurance, DUI in a school zone with an accident, DUI with a child under 16, DUI causing great bodily harm (Class 4 felony), or DUI causing death (Class 2 felony, 3-14 years prison).

8. Statutory Summary Suspension — Failing a chemical test triggers a 6-month suspension (12-month for refusal); a second offender faces 1 year (3 years for refusal). Suspension is automatic and separate from the criminal case.

9. Aggravating Factors — BAC .16+ adds mandatory minimum 100 hours community service and $500 fine; child passenger under 16 adds 6 months jail and $1,000 fine; speeding 26+ mph over the limit elevates the charge.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Any DUI charge — always get an attorney
  • Accident with injuries
  • Prior DUI convictions
  • Felony Aggravated DUI
Related Statutes & Laws
  • 625 ILCS 5/11-501
  • 625 ILCS 5/11-501.1
  • 625 ILCS 5/11-501.8
  • 625 ILCS 5/6-208.1

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.