Understanding Illinois DUI Requirements
Information as of 2/1/25.
Knowing what to expect while dealing with your Illinois DUI can make the process less intimidating. We’ve compiled some basic resources to help you understand the consequences you might face from getting a DUI in Illinois.
According to the Secretary of State’s Illinois DUI Factbook:
- A first- or second-offense DUI in Illinois is typically listed as a Class A misdemeanor. With a misdemeanor DUI in Illinois, you can be subject to penalties including:
- Up to one year of jail time
- Up to $2,500 in fines
- Minimum one-year revocation of driving privileges
- If your BAC when arrested was 0.16 or higher, or if there was a minor in the vehicle, you’ll be subject to higher fines, longer jail time, and community service on top of your original sentence.
- If your arrest included aggravating circumstances such as a collision or injuries, or if you already have two or more DUIs on your record, you may be charged with a felony instead of a misdemeanor. With a felony DUI in Illinois, you might be subject to fines up to $25,000 and prison time of up to 30 years in the most extreme cases. Any felony DUI in Illinois is classified as an Aggravated DUI, which means minimum sentences cannot be suspended or reduced.
If you refuse a breath alcohol test or field sobriety test, or if your BAC is measured at .08 or greater, your license will also automatically be suspended for one year by the Illinois Secretary of State. The suspension period can be greater if it’s not your first DUI, or if other aggravating circumstances are present.
During the period your license is suspended, you may qualify to apply for a Monitoring Device Driving Permit (MDDP). This permit allows you to maintain your full driving privileges if you install and maintain a Breath Alcohol Ignition Interlock Device (BAIID) on your vehicle. Drivers with multiple DUIs can apply for a Restricted Driving Permit (RDP) instead, which also requires a BAIID and places more restrictions on where and when you can drive.
Your BAIID is monitored by the Secretary of State’s office to ensure you stay in compliance. You’ll also be responsible for paying all required fees for installing and maintaining the device unless you qualify for the BAIID Indigent Program.
