State's Attorney's Office: DUI Information
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 .08 percent 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............................. .00
- School bus drivers................................... .00
- Commercial driver's license (CDL)................. .04
- Drivers 21 years and older..........................08
DUI Penalties
The following charts list some possible penalties associated with a DUI conviction:
Age 21 and Over
BAC .08 to .15
| First Conviction | Second Conviction | Third Conviction | |
| Loss of Driving Privileges | Minimum 1 year | Minimum 5 years | Minimum 10 years |
| Eligible for Restricted Driving Permit (RDP)* | Yes* | Yes, after 1 year revocation* | Yes, after 1 year revocation* |
| Jail | Possible 0-12 months jail | Possible 0-12 months jail, mandatory 5 days (or 30 days community service in a 5 year period) |
Possible 3-7 years prison (Class 2 Felony) |
| Community Service | 100 hours | 30 days (or 5 days jail) if within 5 year period | If probation, possible 30 days |
| Fines | Up to $2,500 | Up to $2,500 | Up to $25,000 |
*Breath Alcohol Ignition Interlock Device (BAIID) installed during the duration of RDP
Under Age 21
| First Conviction | Second Conviction | Third Conviction | |
| Loss of Driving Privileges | Minimum 2 years | Minimum 5 years | Minimum 10 years |
| Eligible for Restricted Driving Permit (RDP)* | Yes, after 1 year revocation* | Yes, after 1 year revocation* | Yes, after 1 year revocation* |
| Jail | Possible 0-12 months jail | Possible 0-12 months jail, mandatory 5 days (or 30 days community service in a 5 year period) |
Possible 3-7 years prison (Class 2 Felony) |
| Community Service | 100 hours | 30 days (or 5 days jail) if within 5 year period | If probation, possible 30 days |
| Fines | Up to $2,500 | Up to $2,500 | Up to $25,000 |
*Breath Alcohol Ignition Interlock Device (BAIID) installed during the duration of RDP
Data compiled from information on the Illinois Secretary of State website. Visit the Illinois Secretary of State at www.cyberdriveillinois.com for additional detailed DUI information.