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Traffic Court FAQs

Do you have a question about a traffic ticket?  Check out the States Attorneys Office FAQs page for answers to common traffic court questions.

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.

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