Driving Under the Influence Penalties

First Conviction

  • Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration.
  • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service.
  • If committed while transporting a child under age 16 — In addition to any
    penalties or fines, possible imprisonment of up to 6 months, mandatory mini- mum fine of $1,000 and 25 days of community service in a program benefiting children.
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony (pos- sible imprisonment of 1-3 years, fines of up to $25,000) — In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children.

Second Conviction

  • Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); mandatory minimum imprisonment of 5 days or 240 hours of communi- ty service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration.
  • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250.
  • If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000).
  • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony (pos- sible imprisonment of 3-7 years, fines of up to $25,000) — In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

Third Conviction (Aggravated DUI)

  • Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); rev- ocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.
  • If committed with BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory
    minimum fine of $2,500.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth Conviction (Aggravated DUI)

  • Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); rev- ocation of driving privileges for life with no relief available; suspension of vehi- cle registration.
  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth Conviction (Aggravated DUI)

  • Class 1 felony (possible imprisonment of 4-15 years, fines of up to $25,000); rev- ocation of driving privileges for life with no relief available; suspension of vehi- cle registration.
  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Conviction (Aggravated DUI)

  • Class X felony (possible imprisonment of 6-30 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.
  • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
  • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Aggravated DUI

Any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to sus- pension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or 10 days imprisonment.

Aggravated DUI includes the following offenses:

  • Third or subsequent DUI
  • DUI committed while driving a school bus carrying persons age 18 or younger
  • DUI resulting in great bodily harm, permanent disability or disfigurement
  • Second or subsequent DUI committed while transporting a child under age 16
  • DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child
  • DUI committed without a valid driver’s license or permit
  • DUI committed without vehicle liability insurance

    • DUI committed after a previous conviction for reckless homicide while DUI or
    Aggravated DUI involving a death

  • DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm
  • DUI committed while revoked or suspended for DUI, reckless homicide or
    leaving the scene of a personal injury or death
  • DUI resulting in a death

Additional Consequences of DUI

  • A DUI conviction is a permanent part of an offender’s driving record.
  • The offender may lose work time.
  • The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated
  • The offender must meet the requirements of the Secretary of State’s Department of Administrative Hearings prior to obtaining an RDP.
  • The offender’s vehicle may be impounded or seized.
  • A BAIID may be installed on the offender’s vehicle as a condition of driving relief. For more information on BAIID requirements for driving relief following a DUI conviction
  • The offender is required to carry high-risk auto insurance for 3 years.
  • The offender’s vehicle registration will be suspended.

Secretary of State Illinois