Vehicle · DUI penalties
DUI Penalties in Illinois
The jail, fines, and license loss for a DUI in Illinois by offense, when a DUI becomes a felony, the lookback period that counts your priors, and what raises the penalty. These are the criminal penalties, separate from the DMV license suspension. Cited to the statute.
DUI penalties by offense in Illinois
Jail, fine, and license loss for a first, second, and third offense, the felony threshold, and the aggravators that raise the penalty.
Illinois DUI penalties, the BAIID interlock rules, and the aggravating factors are amended often. Confirm the current figures for your offense date before relying on them.
| Penalties by offense | What it means |
|---|---|
| First offense | A first DUI under 625 ILCS 5/11-501 is a Class A misdemeanor. It carries up to 364 days in jail, a fine of up to $2,500, and a minimum one-year license revocation. There is no mandatory jail minimum for a basic first offense. |
| Second offense | A second DUI is a Class A misdemeanor with a mandatory minimum of five days in jail or 240 hours of community service, up to a $2,500 fine, and a five-year license revocation. |
| Third offense | A third DUI is aggravated DUI, a Class 2 felony punishable by 3 to 7 years in prison and a fine of up to $25,000, with a 10-year license revocation. |
| Felony threshold | A DUI becomes aggravated, and a felony, on a third or later offense, and also on a first or second offense in listed situations such as no valid license or insurance, a school zone, a child under 16 causing injury, or driving that causes great bodily harm or death. |
| Ignition interlock | A first offender who obtains a Monitoring Device Driving Permit must use a breath-alcohol interlock (BAIID) to drive during the suspension. A second or third offender must keep a BAIID for five years to keep driving relief. |
| What raises the penalty | What it means |
|---|---|
| High blood alcohol level | A blood alcohol level of 0.16 or higher adds a mandatory minimum of two days in jail and a $1,250 fine on a first offense, with higher mandatory minimums on repeat offenses. |
| Child passenger | Driving under the influence with a passenger under 16 adds mandatory penalties, and if it causes bodily harm to that child it is charged as aggravated DUI, a felony. |
| Causing injury | A DUI that causes great bodily harm, permanent disability, or disfigurement is aggravated DUI, a Class 4 felony, and a DUI causing death is a Class 2 felony carrying prison time. |
| Refusing the chemical test | Refusing testing triggers a statutory summary suspension of the license under the implied-consent law, longer than the suspension for failing the test, and is decided separately from the criminal case. |
What you can do right now
Concrete, neutral steps if you are facing a DUI in Illinois. This is legal information, not legal advice.
- Get a DUI defense lawyer
Illinois DUI grading turns on priors and aggravators that can make a third offense a Class 2 felony. An Illinois DUI attorney can explain the exposure for your case.
- Track both cases
You face a criminal case in court and a statutory summary suspension from the Secretary of State. You can ask for a hearing to challenge the suspension.
- Ask about the BAIID and driving permit
A first offender may drive with a Monitoring Device Driving Permit and a BAIID. Ask your lawyer whether you qualify and what the device requires.
A DUI is a criminal charge with lasting consequences, and deadlines to challenge the license suspension are short. A licensed DUI defense attorney can explain your options; the state bar can refer you to one.
→ Illinois State Bar Association, Illinois Lawyer FinderThis is general legal information, not legal advice. Penalties turn on your BAC, priors, and the exact charge, and the criminal case is separate from the DMV license case, so confirm your situation against the statute and talk to a lawyer.
What drivers in Illinois get wrong about DUI penalties
A first Illinois DUI under 625 ILCS 5/11-501 is a Class A misdemeanor. It carries up to 364 days in jail, a fine of up to $2,500, and a minimum one-year license revocation, though a basic first offense has no mandatory jail floor. Illinois has no lookback, so a prior DUI counts against you no matter how old it is. A second DUI adds a mandatory minimum of five days in jail or 240 hours of community service and a five-year revocation. A third DUI is aggravated DUI, a Class 2 felony punishable by 3 to 7 years in prison and fines up to $25,000. A DUI can also be a felony on a first or second offense in listed situations, such as driving with no license or insurance, in a school zone, or causing great bodily harm. A blood alcohol level of 0.16 or higher adds mandatory jail and fines. The court penalties are separate from the summary license suspension.
Common questions
What is the penalty for a first DUI in Illinois?
A first DUI is a Class A misdemeanor with up to 364 days in jail, a fine of up to $2,500, and a minimum one-year license revocation. A basic first offense has no mandatory jail floor.
When is a DUI a felony in Illinois?
A third or later DUI is a Class 2 felony (aggravated DUI). A DUI can also be a felony earlier, for example with no valid license or insurance, in a school zone, or causing great bodily harm or death.
How long does a DUI stay on your record in Illinois?
Illinois has no lookback period, so a prior DUI counts for enhancement no matter how old it is. A DUI conviction cannot be expunged or sealed and stays on the record permanently.
Is the summary suspension the same as the court penalty in Illinois?
No. The Secretary of State statutory summary suspension is separate from the criminal case and can apply even if you are not convicted.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.