What happens if I get a DUI in Illinois?
Illinois treats DUI seriously, with a fully revocation-based system (not mere suspension) and a Monitoring Device Driving Permit (MDDP) program for first offenders.
1. Per Se BAC Standard
625 ILCS 5/11-501(a)(1) sets the adult per se limit at 0.08% BAC, § 5/11-501.8 imposes zero tolerance (0.00%) for drivers under 21, and § 5/6-515 sets the commercial threshold at 0.04%. Any amount of a controlled substance under § 5/11-501(a)(6) is per se DUI.
2. Implied Consent
625 ILCS 5/11-501.1 ("Implied Consent" / Summary Suspension) requires submission to testing. A first failure (BAC 0.08%+) triggers a 6-month Statutory Summary Suspension; refusal triggers a 12-month suspension; repeat offenders face 1-3 year suspensions.
3. First-Offense Penalties
Class A misdemeanor: up to 364 days jail, fine up to $2,500, mandatory 1-year license revocation, $750 reinstatement fee, Victim Impact Panel attendance, drug/alcohol evaluation and treatment, and MDDP with BAIID ignition interlock available after 30 days of summary suspension.
4. Enhancements
Third DUI is a Class 2 felony (3-7 years prison); fourth DUI is a Class 2 felony with no probation; sixth DUI is a Class X felony (6-30 years) under § 5/11-501(d). Aggravated DUI causing death is a Class 2 felony with a mandatory 3-14 year sentence per fatality.
5. Administrative License Suspension (ALS)
The arresting officer serves a Notice of Summary Suspension that takes effect on the 46th day after notice. You have 90 days to file a Petition to Rescind Statutory Summary Suspension in the criminal court (not DMV).
6. Court Process
Bond hearing, arraignment, pretrial conferences, motions to suppress (725 ILCS 5/114-12), plea negotiations (court supervision possible for true first offenders), and bench/jury trial.
7. Long-Term Consequences
SR-22 high-risk insurance for 3 years post-reinstatement, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), DUI conviction cannot be expunged or sealed (20 ILCS 2630/5.2), and employment background impact.
This is legal information, not legal advice.
- First DUI seeking court supervision to avoid conviction
- Refused chemical test facing 12-month summary suspension
- CDL holder facing commercial disqualification
- 625 ILCS 5/11-501
- 625 ILCS 5/11-501.1
- 625 ILCS 5/6-208.1
- 49 C.F.R. § 383.51
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.