Illinois DUI’ Law, Lawyers, Penalty and Fines

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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A DUI charge is a serious matter. Whether it’s your first offense or your third offense, you need information and help and you need them fast. Here is your one-stop source for Illinois DUI lawyers, Illinois DUI laws, and what an Illinois DUI attorney can do for you.

Illinois DUI/DWI Glossary of Terms

Illinois DUI/DWI Insurance Consequences:

What Happens When You Get Stopped for Drunk Driving?

How Does a Drunk Driving Conviction Affect Your Record?

Illinois DUI Lawyers:

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How a DUI/DWI Lawyer Can Help

Illinois DUI Convictions:


First Conviction:  Class A misdeameanor.  Up to 1 year in jail.  If transporting a child under 16 years of age, an additional 6 months may be added on.  If involved in a crash that resulted in bodily harm to minor under 16 years of age, possible imprisonment of 1 to 3 years.

Fine:    Up to $2,500. If transporting a child under 16 years of age, mandatory minimum of $1,000 and 25 days of community service benefiting children.

License Revocation:    Minimum revocation of driving privileges for 1 year (2 years if driver is under age 21).


Second Conviction:   Mandatory imprisonment of 5 days, possible imprisonment of 1 year in jail OR 240 hours of community service.

Fine:  Up to $2,500.

License Revocation:  If second offense occurred within 20 years of first offense, revocation of driving privileges for a minimum of 5 years. 


Third Offense:  Considered a Class 2 felony.  Possible imprisonment of 3 to 7 years.

Fine: Up to $25,000.

License RevocationMinimum 10 years license revocation.


Illinois BAC Per Se: 0.08%

High BAC: 0.16%

BAC Zero Tolerance: 0.02%

Commercial Driver Per Se BAC While Operating a Commercial Vehicle: 0.04%

Illinois Implied Consent Law/Test Refusal Consequences: Yes. Your license will be suspended beginning 46 days after the arrest by the Secretary of State upon refusal to submit to an alcohol test.  Effective January 1, 2009, revocation will be 6 or 12 months for refusal under 6-208.1.

Effective July 1, 2011, any person who is involved in a motor vehicle accident in which personal injury or death occurred MUST consent to chemical testing.  Refusing a chemical test will result in an automatic revocation of your drivers license.  After the refusal, law enforcement is authorized to draw blood by force. (Public Act 96-1344).

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