Illinois DUI Penalties

Listed below are the statutory penalties for criminal DUI offenses in Illinois. Penalties may differ on a case-by-case basis, depending on the facts and circumstances of the case and the nature of the charges. DUI offenses are typically charged as misdemeanors unless aggravating factors enhance the charge to a felony offense. A DUI sentence may also include other consequences such as attendance at a victim impact panel, vehicle forfeiture, SR-22 (High Risk Insurance for 3 years), drug assessment/evaluation, etc. In addition to criminal penalties that may be imposed as a result of a criminal DUI conviction, additional civil penalties may also apply. Consult with the Illinois Driving tab for more information on the civil penalties and the administrative process.

FIRST OFFENSE ILLINOIS DUI PENALTIES

MINORS UNDER THE AGE OF 21 - FIRST OFFENSE DUI - FINES: up to $2,500; JAIL: 0-12 months in jail; LICENSE SUSPENSION: 2 year minimum suspension; OTHER: 100 hours community service; Ignition Interlock

FIRST OFFENSE DUI (BAC UNDER .16) - FINES: up to $2,500; JAIL: up to 1 year; LICENSE SUSPENSION: 1 year suspension; OTHER: DUI tech fee $500; Ignition Interlock

FIRST OFFENSE DUI (BAC .16 OR GREATER) - FINES: $500-$2,500; JAIL: up to 1 year; LICENSE SUSPENSION: 1 year suspension; OTHER: mandatory 100 hours community service, DUI tech fee $500, ignition interlock

FIRST OFFENSE DUI (WITH PASSENGER UNDER THE AGE OF 16) - FINES: mandatory minimum $1,000-$2,500; JAIL: 6 months in jail or 25 days community service to program beneffitting children; LICENSE SUSPENSION: 1 year; OTHER: 100 hours community service, ignition interlock device

FIRST OFFENSE DUI (BODILY HARD TO PASSENGER UNDER THE AGE OF 16) - FELONY - FINES: minimum $2,500 - maximum $25,000; JAIL: mandatory minimum 10 days in jail or 480 hours community service; OTHER: 25 days community service to program benefitting children

FIRST OFFENSE DUI (SUSPENDED, REVOKED, OR NO LICENSE/INSURANCE) - FELONY - FINES: up to $2,500; JAIL: 1-3 years in prison, or 30 months probation with mandatory minimum 10 days in jail or 480 hours community service

FIRST OFFENSE DUI (DRIVING SCHOOL BUS WITH PASSENGERS/IN SCHOOL ZONE WITH 20 MPH LIMIT AND ACCIDENT WITH BODILY HARM - FELONY - FINES: up to $2,500; JAIL: 1-3 years jail, or 30 months probation with mandatory minimum 10 days in jail or 480 hours community service

FIRST OFFENSE (GREAT BODILY HARM/PERMANENT DIFIGUREMENT OR DISABILITY) - FELONY - FINES: mandatory minimum $2,500; JAIL: 1-12 years in prison, or 30 months probation with mandatory minimum 10 days in jail or 480 hours community service

SECOND OFFENSE ILLINOIS DUI PENALTIES

SECOND OFFENSE DUI (BAC UNDER .16) - FINES: up to $2,500; JAIL: mandatory minimum 5 days in jail or 240 hours community service - up to 1 year in jail; LICENSE SUSPENSION: mandatory minimum 5 year suspension for second conviction within 20 years; OTHER: DUI tech fee $1,000, Ignition Interlock

SECOND OFFENSE DUI (BAC .16 OR HIGHER) - FINES: mandatory minimum $1,250 - $2,500; JAIL: mandatory 7 days in jail, or 2 days in jail plus 240 hours community service; LICENSE SUSPENSION: 5 years minimum; OTHER: Ignition Interlock

SECOND OFFENSE DUI (WITH PASSENGER UNDER THE AGE OF 16) - FELONY - FINES: mandatory minimum $2,500; JAIL: 3-7 years in prison or probation up to 48 months, mandatory minimum 10 days in jail or 480 hours community service; OTHER: 25 days community service to program benefiting children

SECOND OFFENSE DUI (BODILY HARM TO PASSENGER UNDER AGE OF 16) - FELONY - FINES: minimum $5,000 - maximum $25,000; JAIL: 3-7 years in prison or probation up to 48 months, mandatory minimum 10 days in jail or 480 hours community service; OTHER: 25 days community service to program benefiting children

SECOND OFFENSE DUI (GREAT BODILY HARM/DISFIGUREMENT OR DISABILITY) - FELONY - FINES: minimum $5,000; JAIL: 1-12 years in prison, mandatory minimum 10 days in jail or 480 hours community service; OTHER: 25 days community service in program benefitting children

SECOND OFFENSE DUI (SUSPENDED/REVOKED/NO LICENSE OR INSURANCE) - FELONY - FINES: $5,000; JAIL: 1-3 year in prison or 30 months probation and mandatory minimum 10 days in jail or 480 hours community service

SECOND OFFENSE DUI (ACCIDENT WITH GREAT BODILY HARM) - FELONY - FINES: minimum $5,000; JAIL: 1-3 years in prison or 30 months probation and mandatory minimum 10 days in jail or 480 hours community service

THIRD OFFENSE ILLINOIS DUI PENALTIES

THIRD OFFENSE DUI (BAC UNDER .16) - FELONY - FINES: up to $25,000; JAIL: 3-7 years in prison or 48 months probation and mandatory minimum 10 days in jail or 480 hours community service; LICENSE SUSPENSION: mandatory minimum 10 year suspension; OTHER: $1,000 DUI tech fee

THIRD OFFENSE DUI (BAC OVER .16) - FELONY - FINES: mandatory minimum $2,500-maximum $25,000; JAIL: mandatory 90 days in jail; LICENSE SUSPENSION: 10 years

THIRD OFFENSE DUI (PASSENGER UNDER THE AGE OF 16) - FELONY - FINES: minimum $25,000; OTHER: mandatory 25 days community service to program benefiting children

THIRD OFFENSE DUI (GREAT BODILY HARM/DISFIGUREMENT OR DISABILITY) - FELONY - JAIL: 480 hours community service to 1-12 years in prison, mandatory minimum 1 year in jail

FOURTH OFFENSE ILLNOIS DUI PENALTIES

FOURTH OFFENSE DUI (BAC UNDER .16) - FELONY - FINES: up to $25,000; JAIL: 3-7 years no probation available; LICENSE SUSPENSION: lifetime loss of driving privileges

FOURTH OFFENSE DUI (BAC .16 OR HIGHER) - FELONY - FINES: mandatory minimum $5,000 - $25,000; JAIL: 3-7 years no probation available; LICENSE SUSPENSION: lifetime loss of driving privileges

FOURTH OFFENSE DUI (PASSENGER UNDER AGE OF 16) - FELONY - FINES: mandatory minimum $25,000; JAIL: 3-7 years no probation; OTHER: 25 days community service to program benefiting children

FOURTH OFFENSE DUI (GREAT BODILY HARM/DISFIGUREMENT OR DISABILITY) - FELONY - FINES: up to $25,000; JAIL: 480 hours community service - 1-12 years in prison

FIFTH OFFENSE ILLINOIS DUI PENALTIES

FIFTH OFFENSE DUI (BAC UNDER .16) - FELONY - FINES: up to $25,000; JAIL: 4-15 years in prison no probation; LICENSE SUSPENSION: lifetime loss of driving privileges

FIFTH OFFENSE DUI (BAC .16 OR HIGHER) - FELONY - FINES: mandatory minimum $5,000 - maximum $25,000; JAIL: 4-15 years no probation; LICENSE SUSPENSION: lifetime loss of driving privileges

FIFTH OFFENSE DUI (PASSENGER UNDER AGE OF 16) - FELONY - FINES: mandatory minimum $25,000; JAIL: 4-15 years no probation; OTHER: 25 days community service to program benefiting children

SIXTH OFFENSE ILLINOIS DUI PENALTIES

SIXTH OFFENSE DUI (BAC UNDER .16) - FELONY - FINES: up to $25,000; JAIL: 6-30 years in prison no probation; LICENSE SUSPENSION: lifetime loss of driving privileges

SIXTH OFFENSE DUI (BAC .16 OR HIGHER) - FELONY - FINES: mandatory minimum $5,000 - $25,000 maximum; JAIL: 6-30 years no probation; LICENSE SUSPENSION: lifetime loss of driving privileges

SIXTH OFFENSE DUI (PASSENGER UNDER AGE OF 16) - FELONY - FINES: mandatory minimum $25,000; JAIL: 6-30 years no probation; OTHER: mandatory 25 days community service to program benefiting children

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Illinois DUI Penalties

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