DUI in Illinois

Illinois has strict DUI laws. A first offense is generally a Class A Misdemeanor. The minimum sentence requirements are: up to 364 days in jail; license suspension for at least 3 months; fines of up to $2,500; alcohol abuse education program or treatment, after an evaluation; and a permanent criminal record. A DUI on your driving record will also significantly increase your auto insurance rates.

A second offense is also a Class A Misdemeanor. The penalties are: up to 364 days in jail, including a mandatory 5 day sentences or 30 days community service; fines of up to $2,500; alcohol treatment program; and a license suspension for at least one year. A third offense is a Class 2 Felony. The penalties are: 2 to 7 years in jail with a minimum of 10 days or 60 days community service; fines of up to $2,500; and a license suspension for at least one year.

There is also a unique law in Illinois that went into effect January 1, 2009 that requires every person convicted of a DUI to have a breath alcohol ignition interlock device (BAIID) installed on their vehicle. The driver must have this device for at least one year following the reinstatement of their license after the suspension. For second or third time offenders, the BAIID will be required for a longer period of time, as long as ten years to life. This device makes it impossible for the driver to start their car if they have been drinking since they must breathe into the device to detect any alcohol in their system. They are also not allowed to drive any other car that does not have a BAIID. Traveling would be difficult, since the driver could not legally drive a rental car or someone else’s regular car. There are no exceptions, either, for commercial drivers or someone who drives different cars for work. If a driver is convicted of driving without a BAIID, this is a Class 4 felony charge and will result in jail time.

Anyone facing a DUI conviction should contact an attorney immediately.