PENALTIES FOR DUI CONVICTION

DRIVING UNDER THE INFLUENCE (DUI)

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. Circumstances may include the age of the driver, the BAC level, whether a child under 16 was a passenger and whether the driver has prior DUI convictions. Multiple prior convictions may result in a felony charge of Aggravated DUI.

First Conviction

Class A. misdemeanor (maximum punishment of 364 days in prison, fines of $2,500, revocation of driver’s license for at least one year.

• If committed with a BAC of .16 or more, a mandatory fee of at least $500.00 and a mandatory minimum of 100 hours of community service.
• If committed while transporting a child under age 16, possible imprisonment of up to 6 months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.
• If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI);  Class 4 felony possible imprisonment of 1-3 years, maximum fine of $25,000. Minimum fine of $2500.00 and 25 days of community service in a program benefiting children.

Second Conviction

Class A. misdemeanor (maximum punishment of 364 days in prison, fines of $2,500, mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driver’s license for at least 5 years for a second conviction within 20 years, suspension of vehicle registration.

• If committed with a BAC of .16 or more, mandatory minimum imprisonment of 2 days and mandatory minimum fine of $1250.00.
• If committed while transporting a child under age 16, (Aggravated DUI) Class 4 felony possible imprisonment of 1-3 years, maximum fine of $25,000.
• If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI);  Class 2 felony possible imprisonment of 3-7 years, maximum fine of $25,000. Minimum fine of $5000.00 and 25 days of community service in a program benefiting children.

Third Conviction

Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.

• If committed with a BAC of .16 or more, mandatory imprisonment of 90 days and mandatory minimum fine of  $2500.00 and a mandatory minimum of 100 hours of community service.
• If committed while transporting a child under age 16, mandatory minimum fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth Conviction

Class 2 felony possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

• If committed with a BAC of .16 or more, in addition to any other criminal or administrative sanctions, mandatory minimum fine of  $5000.00.
• If committed while transporting a child under age 16, in addition to any other criminal or administrative sanctions, mandatory minimum fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth Conviction

Class 1 felony possible imprisonment of 4-15 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

• If committed with a BAC of .16 or more, in addition to any other criminal or administrative sanctions, mandatory minimum fine of  $5000.00.
• If committed while transporting a child under age 16, in addition to any other criminal or administrative sanctions, mandatory minimum fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Conviction

Class X felony possible imprisonment of 6-30 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; suspension of vehicle registration.

• If committed with a BAC of .16 or more, in addition to any other criminal or administrative sanctions, mandatory minimum fine of  $5000.00.
• If committed while transporting a child under age 16, in addition to any other criminal or administrative sanctions, mandatory minimum fine of $25,000 and 25 days of community service in a program benefiting children.

AGGRAVATED DUI

Any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum of 480 hours of community service or 10 days imprisonment.

Aggravated DUI includes the following offenses:

• Third or subsequent DUI (Class 4 Felony 1-3 years max. $25,000 fine).
• DUI committed while driving a school bus carrying person age 18 or younger (Class 4 felony).
• DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony, Revocation of driving privileges for at least 2 years.).
• Second or more DUI committed while transporting a child under age 16 (Class 4 to Class X felony depending on the circumstances).
• DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 4 to Class X felony depending on the circumstances).
• DUI committed without a valid driver’s license or permit (Class 4 felony).
• DUI committed without vehicle liability insurance. (Class 4 felony).
• Second DUI committed after a previous conviction for reckless homicide while DUI  or Aggravated DUI involving a death (Class 4 felony).
• DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony).
• DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony).
• DUI resulting in a death (Class 2 felony, imprisonment of 3-15 years; 6-28 years if more that one death revocation for at least 2 years).

ADDITIONAL CONSEQUENCES OF DUI

• Conviction for DUI is a permanent part of an offender’s driving record.
• Alcohol/ Drug Evaluation is required as well as attendance in remedial education or substance abuse classes.
• The vehicle of the offender may be seized by the police.
• A BAIID (Breath Alcohol Ignition Interlock Device) may be required to be installed on the offender’s vehicle..
• The offender is required to carry high risk insurance for 3 years.
• The offender’s vehicle registration may be suspended.

The DUI charge is prosecuted and adjudicated in the courts. The Statutory Summary Suspension is a separate administrative process. A person convicted of DUI whose driving privileges were suspended because of a statutory summary suspension will have that time credited to the minimum period of revocation of driving privileges. If a driver is convicted of DUI in another state, the conviction will be added to his’her Illinois driving record and will resulty in revocation of one’s Illinois driving privileges.

BREATH ALCOHOL IGNITION INTERLOCK DEVICE (BAIID)

Effective January 1, 2009, any first-time DUI offender who wishes to obtain and is eligible for driving relief during the period of statutory summary suspension is required to have a BAIID installed on his/er vehicle.

To be eligible for driving relief, the court must order a Monitoring Device Driving Permit (MDDP) for an offender, and a BAIID will be installed on the offender’s vehicle through the Secretary of State’s office. An MDDP and installation of a BAIIDD allow an offender to drive anywhere at anytime as long as the device is installed. The Secretary of State’s office monitors and reads the BAIID throughout the duration of the permit. The BAIID will alert the Secretary of State’s office if the driver attempts any driving under the influence or tampers with the BAIID.

A DUI offender may choose not to petition for an MDDP and instead choose to refrain from driving during the suspension period. However, a DUI offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period, is guilty of a Class 4 felony. Additionally, a DUI offender who participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed is guilty of a Class 4 felony. Penalties include possible imprisonment of 1-3 years, a minimum of 30 days in jail or 300 hours of community service, and fines up to $25,000.

The DUI offender incurs all costs for the issuance of an MDDP and installation and monitoring of the BAIID.