An individual is considered Driving Under the Influence if he/she is operating a motor vehicle while impaired by drugs, alcohol, or any other intoxicating compound.

In Illinois, the law states that an individual is under the influence if their blood alcohol content (BAC) is 0.08% or higher, if they have used any illegal substance, or if the individual is impaired by medication. An individual's blood alcohol content (BAC) is based on the ratio of alcohol to blood or breath.

Illinois BAC Limits

• Drivers under 21 years: 0
• School bus drivers: 0
• Commercial driver's license (CDL): 0.04
• Drivers 21 years and older: 0.08

DUI Penalties

The following charts list some possible penalties associated with a DUI conviction:

Age 21 & Over With a BAC of 0.08 to 0.15

Loss of Driving Privileges

• First Conviction: Minimum 1 year
• Second Conviction: Minimum 5 years
• Third Conviction: Minimum 10 years

Eligible for Restricted Driving Permit (RDP)

• First Conviction: Yes
• Second Conviction: Yes, after 1 year revocation
• Third Conviction: Yes, after 1 year revocation

Breath Alcohol Ignition Interlock Device (BAIID) installed during the duration of RDP.

Jail Possible

• First Conviction: 0 to 12 months jail
• Second Conviction: Possible 0 to 12 months jail, mandatory 5 days (or 30 days community service in a 5 year period)
• Third Conviction: Possible 3 to 7 years prison (Class 2 Felony)

Community Service

• First Conviction: 100 hours
• Second Conviction: 30 days (or 5 days jail) if within 5 year period
• Third Conviction: If probation, possible 30 days

Fines

• First Conviction: Up to $2,500
• Second Conviction: Up to $2,500
• Third Conviction: Up to $25,000

Under Age 21

Loss of Driving Privileges

• First Conviction: Minimum 2 years 
• Second Conviction: Minimum 5 years 
• Third Conviction: Minimum 10 years

Eligible for Restricted Driving Permit (RDP)

• First Conviction: Yes, after 1 year revocation 
• Second Conviction: Yes, after 1 year revocation 
• Third Conviction: Yes, after 1 year revocation

Breath Alcohol Ignition Interlock Device (BAIID) installed during the duration of RDP.

Jail

• First Conviction: Possible 0 to 12 months jail 
• Second Conviction: Possible 0 to 12 months jail, mandatory 5 days (or 30 days community service in a 5 year period) 
• Third Conviction: Possible 3 to 7 years prison (Class 2 Felony)

Community Service

• First Conviction: 100 hours 
• Second Conviction: 30 days (or 5 days jail) if within 5 year period 
• Third Conviction: If probation, possible 30 days

Fines

• First Conviction: Up to $2,500 
• Second Conviction: Up to $2,500 
• Third Conviction: Up to $25,000

DUI Data Resource

Data compiled from information on the Illinois Secretary of State website. Visit the Illinois Secretary of State website for additional detailed DUI information.