Consequences of a DUI in Illinois

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Driving under the influence (DUI) is taken very seriously in Illinois. Even a first arrest can have life-changing consequences that affect your freedom, your driver’s license, your finances, and your future opportunities. Understanding what you are facing is the first step toward getting the best possible outcome.

No two DUI cases are alike, and the outcome depends on the facts of your arrest and how the law applies. What remains the same, however, is that prosecutors (making the case against you) are supported by trained officers, expert witnesses, and laws designed to make convictions easier. To level the playing field, you need an attorney who understands Illinois’ DUI laws and has years of experience in defending these cases.

Penalties for a DUI Conviction

If you are charged with a first-time DUI, you may be eligible for court supervision. Court supervision is not considered a conviction. It does not appear on your public driving record, and it does not take away your driving privileges. However, supervision is only available once in a lifetime.

If you are convicted, instead of receiving supervision, the penalties increase dramatically. Consequences may include:

• Revoking your driver’s license
• Possible jail/prison time
• Community service requirements
• Mandatory alcohol or drug treatment
• Forfeiting your vehicle

Illinois law also imposes enhanced penalties in certain situations, including:

• Blood alcohol concentration (BAC) of 0.16 or higher
• Transporting a child under age 16
• Driving without a valid license or insurance
• Having prior DUI convictions
• Causing serious injury or death in an accident

Depending on your record and the facts of your case, a DUI may be elevated to a felony, or aggravated DUI. Even a first offense can be charged as a felony if you drove without a license, didn’t have insurance, or caused a crash with serious or deadly injuries. Felony convictions can result in years in state prison.

For repeat offenders, the penalties escalate:

• Third or Fourth DUI – Class 2 felony, punishable by 3 to 7 years. Probation may be possible on a third DUI but not on a fourth.
• Fifth DUI – Class 1 felony, punishable by 4 to 15 years.
• Sixth or more DUIs – Class X felony, punishable by 6 to 30 years, with no option for probation.

Statutory Summary Suspension

Separate from any criminal penalties, Illinois imposes a Statutory Summary Suspension on your driver’s license if you:

• Fail a chemical test (BAC of 0.08 or higher, or presence of illegal drugs), or
• Refuse to take a breath, blood, or urine test.

The length of suspension depends on if you failed a test (six-month suspension) or refused a test (one-year suspension).

If you qualify as a “first offender” for suspension purposes, you may be eligible for a Monitoring Device Driving Permit (MDDP). This allows you to drive at all times, but only if your vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

Protecting Yourself

A DUI arrest in Illinois carries serious and lasting consequences. Between criminal charges, license suspensions, and the risk of escalated penalties, the stakes are high. The right attorney can challenge the evidence, fight to protect your license, and work for the best possible outcome for your case. Contact us to find an experienced Illinois DUI attorney who will fight for you to minimize the results.