Illinois DUI Laws, Penalties, and License SuspensionIllinois drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
Illinois Laws
The following driving actions are illegal in the State of Illinois:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
Illinois Penalties
First Drunk Driving Conviction
If you are convicted for drunk driving in the State of Illinois, the first offense will result in a minimum 1 year suspension of your drivers license. In addition, you may be imprisoned for up to one year and fined up to $1,000. If the driver was transporting a person under the age of 16 at the time of the violation, is subject to an additional mandatory minimum fine of $1,000, an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children, and an additional 2 days of imprisonment.
Second Drunk Driving Conviction
For your second drunk driving conviction in Illinois, you will receive a Minimum 3 year suspension of your drivers license. You will also receive a mandatory 48 hours in jail or 10 days of community service. You may receive up to 1 year in jail for your second drunk driving conviction in Illinois and a maximum fine of $1,000. If, at the time of the second violation the person was transporting a person under the age of 16, the driver is subject to an additional 10 days of imprisonment, an additional mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.
Third Drunk Driving Conviction
If you are unfortunate enough to receive your 3rd drunk driving conviction in Illinois you will receive a minimum 6 year loss of your driving privileges and you may be imprisoned for up to 3 years. In addition, you will also receive a maximum fine of $10,000. If, at the time of the third violation, the person was transporting a person under the age of 16, the driver is guilty of a Class 4 felony and shall receive, in addition to any other penalty imposed, an additional mandatory fine of $1,000, an additional mandatory 140 hours of community service, which shall include 40 hours in a program benefiting children, and a mandatory minimum 30 days of imprisonment.
Illinois Drivers License Issues
Implied Consent Law
The implied consent law in Illinois means that any person that drives in the State of Illinois agrees to submit to a chemical test of their Urine, Blood or Breath. Refusal to submit to a chemical test may result in a similar penalty to the drunk driving laws listed above.
Ignition Interlock Device
Any person arrested and convicted of a DUI must install a Breath Alcohol Ignition Interlock Device (BAIID) if they want driving relief during their driver license suspension. With the BAIID device installed the driver must submit a breath test every time the wish to start their vehicle.
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