Illinois Driving Under the Influence Laws

State DUI Laws and Statutes

NOTE: This Illinois Statute is provided as a service to educate the general public only. It is not intended as an endorsement or inducement of the unauthorized practice of law. As with all legal matters one must research the most current statement of the law in the Illinois Compiled Statutes and then research the applicable case law interpreting the provision of the law in question prior to determining a legal position. In order to protect your legal interest you should consult with a practicing attorney.

Summary of Illinois DUI Law

Every Illinois DUI case has a criminal and civil aspect, this Summary of Illinois DUI law only covers the criminal offense of DUI. The administrative (civil) license suspension penalties are covered in the section on the Illinois Summary Suspension Law.

The Illinois DUI law provides in pertinent part as follows:

  1. the alcohol concentration in that person’s blood or breath is 0.08 or more
  2. under the influence of alcohol
  3. under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of safely driving
  4. under the influence of any other drug or combination of drugs to a degree that renders the person incapable of driving safely
  5. under the combined influence of alcohol and any other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
  6. there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis, or a controlled substance or intoxicating compound

NOTE:
b) The fact that any person charged with Driving Under The Influence is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against a charge or violation

(c) Except as provided under paragraph (d) of this Section, every person convicted of violating this Section or a similar provision of a local ordinance, shall be guilty of a Class A misdemeanor and, in addition to any other criminal or administrative action, for any second conviction of violating this Section or a similar provision of a local ordinance committed within 5 years of a previous violation of this Section or a similar provision of a local ordinance shall be mandatorily sentenced to a minimum of 48 consecutive hours of imprisonment or assigned to a minimum of 100 hours of community service as may be determined by the court. Every person convicted of violating this Section or a similar provision of a local ordinance shall be subject to a mandatory minimum fine of $500 and a mandatory 5 days of community service in a program benefiting children if the person committed a violation of paragraph (a) or a similar provision of a local ordinance while transporting a person 16 years of age or younger. Every person convicted a second time for violating this Section or a similar provision of a local ordinance within 5 years of a previous violation of this Section or a similar provision of a local ordinance shall be subject to a mandatory minimum fine of $500 and 10 days of mandatory community service in a program benefiting children if the current offense was committed while transporting a person 16 years of age or younger. The imprisonment or assignment under this subsection shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment.

(c-1) A person who violates this Section during a period in which his or her driving privileges are revoked or suspended under this Section or Section 11-501.1 of this Code or restricted under Section 6-303 of this Code, where the revocation, suspension, or restriction was for a violation of this Section shall, unless otherwise sentenced to a term of imprisonment in the penitentiary, in addition to any other criminal or administrative action, be mandatorily sentenced to a minimum term of 30 consecutive days of imprisonment, 40 days of 24 hour periodic imprisonment or 720 hours of community service, as may be determined by the court. A sentence of imprisonment, periodic imprisonment, or community service shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence.

(c-2) A minimum term of imprisonment of not less than 48 consecutive hours or 10 days of community service as may be determined by the court shall be imposed for a second or subsequent violation within 5 years of a previous violation of Section 11-501 of this Code or a similar provision of a local ordinance.

(d)(1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol or drugs or a combination of both if:

(A) the person committed a violation of paragraph (a) for the third or subsequent time;

(B) the person committed a violation of paragraph (a) while driving a school bus with children on board;

(C) the person in committing a violation of paragraph (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries; or

(D) the person committed a violation of paragraph (a) for the second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 relating to reckless homicide in which the person was determined to have been under the influence of alcohol or any other drug or drugs as an element of the offense or the person has previously been convicted under subparagraph (C) of this paragraph (1).

(2) Aggravated driving under the influence of alcohol or drugs or a combination of both is a Class 4 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to not less than one year and not more than 3 years for a violation of subparagraph (A), (B) or (D) of paragraph (1) of this subsection (d) and not less than one year and not more than 12 years for a violation of subparagraph (C) of paragraph (1) of this subsection (d).

(e) After a finding of guilt, and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol or other drug abuse problem exists and the extent of the problem. Programs conducting these evaluations shall be licensed by the Department of Alcoholism and Substance Abuse. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation.

(f) Every person found guilty of violating this Section, whose operation of a motor vehicle while in violation of this Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided under Section 5-5-3 of the Unified Code of Corrections.

(g) The Secretary of State shall revoke the driving privileges of any person convicted under this Section or a similar provision of local ordinance.

(h) Every person sentenced under subsection (d) of this Section and who receives a term of probation or conditional discharge shall be required to serve a minimum term of either 30 days community service or, beginning July 1, 1993, 48 consecutive hours of imprisonment as a condition of probation or conditional discharge. This mandatory minimum term of imprisonment or assignment of community service shall not be suspended and shall not be subject to reduction by the court.