Overview of Illinois DUI Laws

Illinois has comprehensive drunk driving laws designed to deter impaired driving through strict penalties, administrative license sanctions, and mandatory use of breath alcohol ignition interlock devices (BAIID). Illinois DUI law is governed primarily by 625 ILCS 5/11-501 (Illinois Vehicle Code).

Illinois distinguishes itself from many states through several unique features:

• Statutory Summary Suspension: Automatic administrative license suspension separate from criminal case
• BAIID (Breath Alcohol Ignition Interlock Device): Illinois' term for ignition interlock device, required for MDDP permits
• Monitoring Device Driving Permit (MDDP): Allows restricted driving with BAIID during suspension
• Court Supervision: Unique sentencing option for first-time offenders that avoids criminal conviction
• No Lookback Period: DUI convictions remain on record permanently for penalty enhancement
• Aggravated DUI: Enhanced penalties for accidents causing injury/death, school zones, multiple offenses

BAC Limits and DUI Standards

Illinois law establishes multiple thresholds for DUI violations under 625 ILCS 5/11-501(a):

What Constitutes DUI in Illinois

Under 625 ILCS 5/11-501(a), you can be charged with DUI if:

• BAC 0.08% or higher (per se DUI - no proof of impairment required)
• Under the influence of alcohol (any amount if impaired)
• Under the influence of drugs (illegal drugs, prescription medications, or cannabis)
• Under the influence of intoxicating compounds (inhalants, etc.)
• THC concentration of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance
• Any trace of controlled substance or cannabis in blood or urine

DUI Penalties in Illinois

Illinois imposes escalating penalties based on number of prior offenses and aggravating factors:

First DUI Offense (Class A Misdemeanor)

Second DUI Offense (Class A Misdemeanor)

Third DUI Offense (Class 2 Felony - Aggravated DUI)

Fourth (or More) DUI Offense (Class 2 Felony - Aggravated DUI)

Aggravated DUI (Felony DUI)

Under 625 ILCS 5/11-501(d), DUI becomes Aggravated DUI (felony) in these circumstances:

Circumstances Elevating to Aggravated DUI

• Third or subsequent DUI offense (lifetime) - Class 2 Felony
• DUI while driver's license revoked or suspended for prior DUI - Class 4 Felony
• DUI causing great bodily harm, permanent disability, or disfigurement - Class 4 Felony (1-12 years prison)
• DUI causing death (one victim) - Class 2 Felony (3-14 years prison)
• DUI causing multiple deaths - Class 2 Felony (6-28 years prison)
• DUI in a school zone resulting in bodily harm - Class 4 Felony
• DUI while no valid driver's license or insurance - Class 4 Felony
• Second DUI with child under 16 in vehicle - Class 2 Felony
• DUI with BAC 0.16% or higher with prior conviction - Class 2 Felony

Aggravated DUI Causing Death Penalties

• Prison: 3-14 years (mandatory - probation NOT allowed)
• Extended Term: 6-28 years if aggravating factors present
• Fine: Up to $25,000
• Restitution: Court-ordered restitution to victim's family
• License: Lifetime revocation

Statutory Summary Suspension

Illinois' Statutory Summary Suspension (625 ILCS 5/11-501.1) is an automatic administrative license suspension imposed when you fail or refuse a chemical test:

Suspension Lengths

Key Features of Statutory Summary Suspension

• Automatic: Takes effect on 46th day after arrest (unless hearing granted)
• Separate from Criminal Case: Administrative action by Secretary of State, not criminal court
• No Court Discretion: Suspension is mandatory if requirements met
• Hearing Rights: You have 90 days to request rescission hearing (must request within 90 days of arrest)
• Burden of Proof: State must prove (1) reasonable grounds for arrest, (2) you were arrested, (3) you failed or refused test
• Limited Grounds: Hearing only addresses procedural issues, NOT guilt on criminal DUI charge

Requesting a Rescission Hearing

• Deadline: Must file petition within 90 days of arrest
• Automatic Stay: Filing petition stays (postpones) suspension until hearing outcome
• Hearing: Judge determines if suspension was properly imposed
• Outcome: If you win, suspension rescinded (no suspension); if you lose, suspension takes effect immediately
• Limited Scope: Hearing does NOT determine criminal guilt - only whether statutory requirements for suspension were met

Monitoring Device Driving Permit (MDDP)

Illinois allows drivers facing statutory summary suspension to apply for a Monitoring Device Driving Permit (MDDP) which allows restricted driving with a BAIID installed:

MDDP Eligibility

• First-time offenders: Eligible immediately upon suspension
• Repeat offenders: Not eligible for MDDP during statutory summary suspension (may be eligible for Restricted Driving Permit after minimum revocation period)
• BAIID Required: Must install BAIID in all vehicles you own or operate
• Installation Before Driving: BAIID must be installed before MDDP issued

MDDP Restrictions

• BAIID Mandatory: Can only drive vehicles equipped with BAIID
• No Time/Distance Restrictions: Unlike restricted permits in other states, MDDP allows driving anywhere, anytime (as long as BAIID is installed)
• Monthly Monitoring: Must have BAIID data downloaded and reported monthly
• Violations: Failed breath tests, tampering, or attempting to bypass BAIID results in MDDP revocation
• Cost: $30 permit fee plus $80-$150/month BAIID lease and monitoring fees (defendant pays)

BAIID (Breath Alcohol Ignition Interlock Device)

• What It Is: Device requiring you to blow into breathalyzer before starting vehicle
• Fail Threshold: Vehicle won't start if BAC is 0.025% or higher
• Rolling Retests: Random retests required while driving (every 5-30 minutes)
• Data Recording: Records all attempts, failed tests, bypasses, and tampering
• Monthly Download: Must visit service provider monthly for data download and calibration
• Approved Providers: Must use Illinois Secretary of State-approved BAIID provider

Court Supervision

Court supervision is a unique Illinois sentencing option available for first-time DUI offenders that allows you to avoid a criminal conviction:

What is Court Supervision?

• Not a Conviction: Successful completion results in dismissal - no conviction on criminal record
• Probationary Period: Typically 12-24 months with conditions
• Conditions: Alcohol/drug evaluation and treatment, victim impact panel, fines, community service, no new offenses
• Violation: If you violate supervision conditions, case proceeds to conviction

Eligibility Requirements

• First-Time Offender: No prior DUI convictions OR court supervision (cannot receive supervision again within 5 years)
• BAC Under 0.16%: If BAC was 0.16% or higher, supervision NOT available
• No Accident: No accident involving death or great bodily harm
• No CDL: Not operating commercial vehicle at time of offense
• Not in School Zone: Violation did not occur in school zone with bodily harm
• Discretionary: Judge has discretion to grant or deny supervision even if eligible

Typical Supervision Conditions

• Alcohol and drug evaluation (substance abuse assessment)
• Complete recommended treatment or education program
• Attend victim impact panel
• Community service (typically 50-100 hours)
• Pay fines and court costs ($1,500-$3,000+)
• No new criminal offenses
• No alcohol or drug use (random testing)
• MDDP with BAIID (during statutory summary suspension)

Benefits of Court Supervision

• No Criminal Conviction: Avoids DUI conviction on criminal record if successfully completed
• Avoid Enhanced Penalties: Supervision does NOT count as prior conviction for future DUI (except within 5 years)
• Employment: Can truthfully state "no convictions" on applications (but arrest remains on record)
• Professional Licenses: Less impact on professional licensing compared to conviction

Limitations of Court Supervision

• Not Available for Repeat Offenders: Can only receive supervision once every 5 years
• Still on Driving Record: Supervision appears on Secretary of State driving record (affects insurance)
• Statutory Summary Suspension Still Applies: Supervision does NOT prevent or remove statutory summary suspension
• Arrest Record Remains: Arrest record is public and cannot be expunged (only conviction avoided)

Chemical Testing and Implied Consent

Illinois' implied consent law (625 ILCS 5/11-501.1) requires drivers to submit to chemical testing:

Implied Consent Requirements

• Deemed Consent: By driving in Illinois, you consent to chemical testing if arrested for DUI
• Test Types: Breath, blood, or urine test as requested by officer
• Right to Refuse: You can refuse, but refusal triggers automatic penalties
• Warning Required: Officer must read "Warning to Motorist" form explaining consequences of refusal

Consequences of Refusal

• Statutory Summary Suspension: 12 months (first offense) or 36 months (subsequent)
• Longer Than Failure: Refusal suspension is TWICE as long as failing test (first offense)
• No MDDP: First-time offenders who refuse are NOT eligible for MDDP (unlike those who submit to test)
• Evidence in Court: Refusal can be used as evidence of consciousness of guilt at criminal trial
• Forced Blood Draw: Police may obtain search warrant for involuntary blood draw

Field Sobriety Tests vs. Chemical Tests

• Field Sobriety Tests (FSTs): Roadside tests (walk-and-turn, one-leg stand, HGN) - VOLUNTARY (can refuse without penalty)
• Preliminary Breath Test (PBT): Roadside portable breath test - VOLUNTARY (can refuse without penalty)
• Chemical Test (Post-Arrest): Evidentiary breath, blood, or urine test at police station - MANDATORY (refusal triggers suspension)

DUI Arrest Process

Step 1: Traffic Stop

• Officer observes traffic violation, erratic driving, or stops you at sobriety checkpoint
• Officer approaches and observes signs of intoxication
• Officer asks about alcohol consumption (you have right to remain silent)

Step 2: Field Sobriety Tests

• Officer requests roadside field sobriety tests (voluntary)
• Officer may request preliminary breath test (PBT) (voluntary)

Step 3: Arrest

• If probable cause exists, officer arrests you for DUI
• Officer reads Miranda rights
• Transport to police station or testing facility

Step 4: Chemical Testing

• Officer reads "Warning to Motorist" (implied consent warning)
• Officer requests breath, blood, or urine test
• You must decide whether to submit or refuse
• If you submit and fail (0.08%+), statutory summary suspension triggered
• If you refuse, longer statutory summary suspension triggered

Step 5: Release and Notices

• Typically released within hours with notice to appear in court
• Receive Notice of Statutory Summary Suspension (takes effect in 46 days unless hearing requested)
• Receive receipt for driver's license (acts as temporary permit for 45 days)

DUI Defense Strategies

Constitutional Defenses

• Illegal Stop: Officer lacked reasonable suspicion to initiate traffic stop
• Illegal Arrest: Officer lacked probable cause to arrest for DUI
• Miranda Violation: Statements obtained without proper Miranda warning
• Illegal Search: Evidence obtained in violation of Fourth Amendment

Technical Defenses

• Breath Test Errors: Machine not properly calibrated, maintained, or operated
• 20-Minute Observation: Officer failed to observe defendant for 20 minutes before test
• Rising BAC: BAC was below 0.08% while driving but rose by time of test
• Mouth Alcohol: Residual alcohol in mouth (GERD, burping, dental work) caused falsely high reading
• Medical Conditions: Diabetes, neurological disorders affected field sobriety test performance

Factual Defenses

• Not Driving: Prosecution cannot prove you were actually driving vehicle
• Not Impaired: BAC was below 0.08% and no evidence of actual impairment
• Improper FST Administration: Officer did not properly administer standardized field sobriety tests

Collateral Consequences

Insurance

• SR-22 Requirement: Must file SR-22 high-risk insurance certificate for 3 years
• Rate Increases: Premiums can double or triple
• Policy Cancellation: Many insurers drop DUI offenders

Employment

• CDL Disqualification: 1 year for first DUI (lifetime for second) in commercial vehicle
• Background Checks: Criminal conviction appears on background checks
• Professional Licenses: May affect nursing, law, medicine, teaching, real estate licenses

Education

• College Admissions: Must disclose criminal convictions
• Financial Aid: May affect eligibility for federal student aid
• Scholarships: May lose athletic or academic scholarships

Expungement and Sealing

Illinois allows limited expungement and sealing of DUI records:

Court Supervision - Expungement

• Eligible: DUI court supervision CAN be expunged (destroyed)
• Waiting Period: Must wait until supervision successfully completed
• Petition Required: File petition for expungement in court where case was heard
• Effect: Arrest and supervision records destroyed (as if never happened)

DUI Convictions - NOT Eligible

• No Expungement: DUI convictions CANNOT be expunged in Illinois
• No Sealing: DUI convictions CANNOT be sealed
• Permanent Record: Conviction remains on criminal record permanently

Frequently Asked Questions

What is statutory summary suspension in Illinois?

Statutory summary suspension is an automatic administrative license suspension imposed by the Illinois Secretary of State when you fail or refuse a chemical test during a DUI arrest. It is separate from criminal DUI charges. Suspension is 6 months for failing a breath test (first offense), 12 months for refusing a test (first offense), and longer for subsequent offenses. You have 46 days to request a hearing to challenge the suspension.

What is a BAIID in Illinois?

BAIID (Breath Alcohol Ignition Interlock Device) is Illinois' term for an ignition interlock device. It requires you to blow into a breathalyzer before starting your vehicle. If BAC is above 0.025%, the vehicle won't start. BAIID is required to obtain a Monitoring Device Driving Permit (MDDP) during statutory summary suspension and after conviction for repeat DUI offenses.

What are the penalties for first DUI in Illinois?

First DUI in Illinois (Class A misdemeanor) carries up to 1 year in jail, up to $2,500 fine, minimum 1-year license revocation, mandatory drug/alcohol evaluation and treatment, possible community service, and victim impact panel attendance. Court supervision may be available for first-time offenders with BAC under 0.16% and no aggravating factors, which avoids a criminal conviction if successfully completed.

How long is my license suspended for DUI in Illinois?

Illinois has two separate suspensions: (1) Statutory summary suspension: 6 months (failed test, first offense) or 12 months (refused test, first offense); (2) Post-conviction revocation: minimum 1 year (first offense), 5 years (second offense), 10 years (third offense), lifetime (fourth offense). You may be eligible for a Monitoring Device Driving Permit (MDDP) with BAIID during suspension/revocation.

Can I refuse a breathalyzer in Illinois?

You can refuse, but Illinois' implied consent law (625 ILCS 5/11-501.1) imposes penalties: automatic 12-month license suspension (first refusal), 36-month suspension (second refusal), and refusal can be used as evidence against you in court. Refusing does not prevent prosecution - police may obtain a warrant for forced blood draw.

What is court supervision for DUI in Illinois?

Court supervision is a sentencing option that avoids a criminal conviction if you successfully complete probation conditions (typically 12-24 months). Available only for first-time DUI offenders with BAC under 0.16% and no injuries/death. Conditions include drug/alcohol evaluation and treatment, victim impact panel, community service, fines, and no new offenses. Cannot receive supervision again for 5 years.

Does Illinois have a DUI lookback period?

Illinois DUI convictions remain on your driving record permanently for purposes of determining repeat offender status and enhanced penalties. There is no lookback period - a DUI conviction from 20+ years ago still counts as a prior offense for penalty enhancement purposes.