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Illinois Impaired Driving Laws/Penalties
Driving under the
influence is a crime. Aside from concerns for the
personal safety of yourself and others, there are severe
legal penalties and economic consequences if convicted.
It is important to know that the DUI criminal charge is prosecuted in court and
driver’s license sanctions are administered by the Secretary
of State’s Office. If convicted of DUI in Illinois, the
following penalties apply.
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MINIMUM PENALTIES FOR DUI CONVICTIONS
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CONVICTIONS |
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First |
Second |
Third |
| Loss of driving
Privileges |
Minimum one year |
Minimum 5 years |
Minimum 10 years |
| Eligible for
Restricted Driving Permit |
Yes, Subject to
Statutory Summary Suspension Provisions*
*Beginning Jan. 1, 2009, a
BAIID will be required during entire sespension
period |
Yes, after 1 year
revocation has been served and only with a BAIIID
installed in the drivers Vehicle |
Yes, after 1 year
revocation has been served and only with a BAIIID
installed in the drivers Vehicle for the lifetime of
the RDP |
| Jail |
Possible imprisonment
0 -12 months |
Possible imprisonment
0 - 2 months; mandatory5 days
(or 30 days community service) if within 15 year
period |
Class
2 felony with possible 2 - 7 years imprisonment.
Mandatory 10 days imprisonment (or 60 days community
service) |
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Community Service Eligibility |
100
hours |
30
days (or 5 days in jail) if within 5 year period |
Mandatory 60 days community service or (10 days imprisonment) |
| Fines |
Up to
$2,500 |
Up to
$2,500 |
Up to
$2,500 | |
*An offender Requesting a
Restricted Driving Permit after a first conviction may be
required to have a Breath Alcohol Ignition Interlock
Device (BAIID) installed in the vehicle as part of driving
relief
*Beginning January 1,
2009 Judicial Driving Permits will become Monitoring
Device Driving Permits (MDDP) and only vehicles equiped
with a Breath Alcohol Ignition Interlock Device may be
operated by a first-time DUI offender. This requirement
will apply to all those wanting driving relief during the
time of his or her lincence suspension and or revocation. |
The above chart lists the major penalties for a DUI
conviction. However, there can be many
more consequences given the seriousness and complexity of DUI laws. For example, loss of work time, high risk
auto insurance rates and meeting the requirements of the Secretary of State’s Department
of Administrative Hearings prior to obtaining a restricted driving permit. A DUI offender is also required to complete an
alcohol and drug evaluation and an alcohol/drug remedial education course and
might be required to complete a substance abuse treatment program before
driving privileges are reinstated. In
addition, first time DUI offenders must drive only vehicles equipped with a
BAIID device during their entire suspension period beginning January 1, 2009.
Click
Here
for a Copy of Illinois’
Impaired Driving Laws
Click
Here
for a Copy of DUI Card
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