Illinois Multas y Sanciones la conducción borracha

How much do you have to drink (BAC*) for a DUI in Illinois?

Under 21	.00% - zero tolerance
21 or older	.08%
Commercial	.04%

** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Illinois?

Illinois has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Illinois’s implied consent law.

	1st Offense	2d offense	3rd Offense
Refusal to take test	1 year license suspension	3 years license suspension	3 years license suspension

What is the minimum jail time?

	1st Offense	2d offense	3rd Offense
Minimum Jail	No minimum jail sentence	5 days jail or 240 hours community service	No minimum jail sentence but sentenced as "aggravated DUI"

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing)
Learn about Illinois Texting and Cell Phone Laws.

Can you plead to a lesser offense than DUI in Illinois?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in Illinois.

 1st Illinois DUI Offense

First Drunk Driving Conviction

• Jail – Up to 1 Year Possible
• Jail – Add Up to 6 Months - (If Child under 16 in Vehicle)
• Fine – Up to $2,500
• Fine – Add $500 Minimum (BAC above .16)
• Fine – Add $1,000 Minimum - (If Child under 16 in Vehicle)
• License Suspension – Minimum 1 Year
• Breath Alcohol Ignition Interlock Device (BAIID) Possible
• Vehicle Registration Suspension
• Community Service – 100 Hours Minimum - (BAC above .16)
• Community Service – 25 Days - (If Child under 16 in Vehicle)

More Information: First Offense DUI in Illinois

2nd Illinois DUI Offense

Second Drunk Driving Conviction

• Jail – Up to 1 Year Possible, 5 Days Mandatory or 240 Hours of Community Service
• Jail – Add 2 Days - (BAC above .16)
• Jail – Up to 1-3 Years – Child under 16 in Vehicle (Felony Aggravated DUI)
• Fine – Up to $2,500
• Fine – Add $1,250 Minimum (BAC above .16)
• Fine – Add Up to $25,000 - Child under 16 in Vehicle (Felony Aggravated DUI)
• License Suspension – Minimum 5 Years (If Within 20 Years of Previous)
• Vehicle Registration Suspension
• Community Service: Minimum 25 Days if Child under 16 in Vehicle

More Information: Second Offense DUI in Illinois

Important Note from the Editor

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.