DUI Laws in Illinois

Arrested for DUI? Hire a DUI attorney who understands how to use the DUI laws in Illinois to win a case. For an in-office consultation regarding an Illinois DUI case, contact our Chicago DUI lawyers today at (312) 466-9466.

DUI laws in Illinois are constantly changing. Here is a summary of Illinois DUI laws passed after 2000. To see DUI laws passed prior to these Illinois DUI rules, see DUI Laws in Illinois Pre-2001.

Effective July 27, 2001

• Prohibited a sentence of probation for a driver convicted of a fourth or subsequent DUI while his/her driver's license is suspended or revoked for a prior DUI conviction, or for a conviction for a crash involving death or personal injury.

Effective Aug. 3, 2001

• Prohibited the Secretary of State's office from issuing an RDP for 1 year to a driver with a second or subsequent revocation of his/her driving privileges for DUI.
• Increased penalties for a second DUI violation committed with 5 years, including 48 consecutive hours to 5 days imprisonment and 100 hours to 30 days of community service.

Effective Aug. 10, 2001

• Established mandatory minimum jail time and community service for anyone convicted of driving with a suspended or revoked driver's license as a result of a conviction for DUI, reckless homicide, leaving the scene of an accident or a statutory summary suspension.
• Authorized judicial authorities to seize or immobilize the vehicle of a driver convicted for a fourth DUI violation.

Effective Aug. 17, 2001

• Extended the prison sentence for a felony DUI conviction.
• Created and defined the category of Driving Under the Extreme Influence as a driver with a BAC of .16 or more. A driver convicted of this offense is subject to enhanced penalties with mandatory minimum sentencing requirements.
• Enhanced penalties for a driver convicted of DUI with a child under age 16 in the vehicle, including mandatory minimum imprisonment and community service.
• Required a driver with two or more alcohol incidents on his/her driving record to have a BAIID installed on his/her vehicle. A monthly fee, paid by the driver, is established for the maintenance of the BAIID.

Effective Jan. 1, 2002

• Required a person convicted of DUI to pay an additional $100 fine, which is deposited into the Trauma Center Fund for distribution to Illinois hospitals and trauma centers.
• Prohibited a person sentenced to prison for a conviction of reckless homicide from having his/her driving privileges reinstated until 2 years after the date of his/her release from prison. This period does not commence until the expiration of any period of mandatory supervised release or parole.

Effective July 16, 2002

• Provided for the seizure or forfeiture of the vehicle of a person convicted of driving while his/her driving privileges are suspended or revoked as a result of a DUI, leaving the scene of a personal injury accident, reckless homicide, or for a statutory summary suspension related to the use of alcohol, drugs or intoxicating compounds.

Effective Jan. 1, 2003

• Required local liquor commissioners to report to the Secretary of State's office any conviction of a person under age 21 who purchases, accepts, possesses or consumes alcohol. An underage person who violates this provision will receive a 1-year suspension or revocation of his/her driving privileges.
• Established mandatory minimum fines of $500 for a first offense and $2,000 for a second offense for a person convicted of providing alcohol to a person under age 21. If the underage person is involved in an incident where a death occurs, the person who provided the alcohol may be convicted of a Class 4 felony, which carries possible imprisonment of 1-3 years and a fine of up to $25,000.

Effective July 18, 2003

• Established Aggravated DUI involving a death as a Class 2 felony, with possible imprisonment of 3-13 years if the violation results in the death of one person or 6-21 years if the violation involves the deaths of two or more persons.

Effective Jan. 1, 2004

• Prohibited the operation of a watercraft or snowmobile while under the influence of intoxicating compounds.
• Provided that a person convicted of or pleading guilty to DUI, including any person receiving court supervision for the offense, may be required by the court to attend a victim impact panel.
• Authorized the court to order a defendant charged with DUI to refrain from operating a vehicle not equipped with a BAIID as a condition of bail.

Effective June 1, 2004

• Changed the Reckless Homicide provision to include any person convicted of reckless driving in a construction or maintenance zone which results in the death of an individual. The offense is a Class 2 felony with possible imprisonment of 3-14 years; possible imprisonment of 6-28 years if a single incident involving the deaths of two or more persons.

Effective July 6, 2004

• Established Leaving the Scene of a Crash as a Class 4 felony, with possible imprisonment of 1-3 years.
• Decreased the time allowed to report leaving the scene of a crash to local law enforcement from one hour to 30 minutes.

Effective July 12, 2004

• Provided that a person convicted in another state of an offense similar to the Illinois reckless homicide statute may not be granted full driving privileges for two years from the date of the person's suspension or revocation, or within two years of the driver being released from a prison term for the offense.
• Established the offense of Aggravated DUI for a person committing DUI who was previously convicted in another state of an offense similar to the Illinois reckless homicide statute and the driver's intoxication was an element of the offense.

Effective Oct. 1, 2004

• Established a legal right of action for unlimited civil damages against any person over age 18 who provides or contributes alcohol or illegal drugs to anyone under age 18 and the provision of alcohol results in a death. Allows such suit for damages, injury or death if caused by the impaired minor.

Effective Jan. 1, 2005

• Provided that a driver convicted in another state of an offense similar to the Illinois reckless homicide statute may not be granted driving privileges for two years from the date of the person's suspension or revocation, or within two years of the driver being released from a prison term for the offense.
• Established that a person who commits DUI is guilty of Aggravated DUI if he/she has previously been convicted in another state of an offense similar to the Illinois reckless homicide statute.

Effective July 7, 2005

• Authorized Illinois courts to impose more severe jail or prison sentences for a driver convicted of reckless homicide or DUI while operating a vehicle in excess of 20 mph over the posted speed limit.

Effective Jan. 1, 2006

• Provided that a driver seeking a Judicial Driving Permit (JDP), who is subsequently charged with driving on a suspended driver's license or with another
• DUI before the JDP has been issued, is no longer eligible for a JDP. If a driver has been issued a JDP and is charged with another DUI, the JDP will be cancelled.
• Increased the penalties for DUI while transporting a child under age 16.
• Provided that a person charged with a felony DUI may not be prosecuted by a municipal attorney, and the state's attorney is prohibited from giving a municipal attorney this authority.
• Increased the penalties for a fifth or subsequent conviction of driving on a suspended or revoked driver's license.
• Increased the penalties for a driver convicted of Aggravated DUI causing the death of one or more persons.
• Increased the penalties for a third, fourth or fifth DUI conviction.
• Classified a sixth or subsequent DUI conviction as a Class X felony.
• Required a driver arrested for leaving the scene of an accident involving a death or personal injury to be subject to chemical testing and a statutory summary suspension if he/she refuses to submit to or fails chemical testing. A driver is subject to testing within 12 hours of the accident.
• Provided that a person charged with DUI, who has no valid driver's license or is not covered by liability insurance, may be charged with Aggravated DUI and his/her vehicle is subject to seizure and forfeiture.
• Provided that a driver involved in a fatal crash or a crash resulting in severe injuries that result in the injured party being carried from the scene is required to undergo chemical testing.
• Established tougher penalties for a person over age 21 convicted of DUI while transporting a child under age 16 that results in a crash and bodily harm to the child.
• Provided that a driver convicted of Aggravated DUI because the DUI violation is the cause of death of one or more persons will be sentenced to imprisonment, unless the court determines that extraordinary circumstances exist and require probation.

Effective May 8, 2006

• Authorized municipalities to charge a DUI offender with a municipal misdemeanor offense for any conduct that constitutes felony DUI if the state's attorney rejects or denies felony charges for that conduct.

Effective June 28, 2006

• Authorized the circuit court to collect additional fines from drivers convicted of DUI to be used for DUI enforcement and prevention.

Effective Aug. 31, 2007

• Prohibited a parent/legal guardian from knowingly authorizing or permitting any person under age 21 to consume alcohol in his/her home by failing to control access to the alcohol in the residence.
• Prohibited a parent/legal guardian from knowingly allowing access to alcohol in his/her residence to persons under age 21, and from knowingly allowing persons under age 21 to consume alcohol in his/her residence.

Effective Jan. 1, 2008

• Required local liquor commissioners to report to the Secretary of State's office court supervisions for violations relating to the transfer, possession and consumption of alcohol for persons under age 21.
• Increased penalties for driving with a revoked driver's license, permit or privilege to operate a motor vehicle if the revocation was the result of a reckless homicide offense.

Effective June 1, 2008

• Required that a petition to contest the suspension of a person's driving privileges be filed within 90 days of the effective date of the suspension if the suspension was the result of refusal to undergo alcohol/drug testing, or because drugs, intoxicating compounds or alcohol were found in the driver's system.
• Eligibility for driving relief is dependent upon whether the denial of all driving privileges may cause undue hardship.
• Prohibited a driver convicted of four or more DUI offenses, leaving the scene of an accident involving death or personal injury, and/or reckless homicide from receiving an RDP.
• Authorized the Secretary of State's office to revoke the driving privileges of any person under age 21 convicted in another state of an offense similar to the Illinois DUI statute.
• Established the offense of Reckless Homicide for a driver who kills a person in a posted school, construction or maintenance zone while driving more than 10 mph over the posted speed limit or under the influence of alcohol or other drugs.

Effective Aug. 4, 2008

• Established as a Class 4 felony if a person commits DUI outside the State of Illinois while his/her Illinois driving privileges are revoked or suspended due to a previous DUI or a similar provision of the Illinois Vehicle Code.

Effective Aug. 15, 2008

• Allowed unused, opened wine purchased in a restaurant to be transported in accordance with Illinois law.
• Prohibited charter buses being used for school purposes from transporting, carrying or possessing alcohol in the vehicle.

Effective Jan. 1, 2009

• Required a first-time DUI offender to have a BAIID installed on his/her vehicle as a condition of driving relief. The driver must drive only a vehicle equipped with a BAIID or use an alternative alcohol monitoring device 24 hours a day.
• Replaced the Judicial Driving Permit with the Monitoring Device Driving Permit for first-time DUI offenders.
• Required a driver with a BAIID installed in his/her vehicle because of a second or subsequent DUI conviction to submit to the Secretary of State DUI Administration Fund an amount not exceeding $30 for each month he/she uses the device.
• Established a $30 administrative fee paid by the offender for issuance of an MDDP to be deposited into the Monitoring Device Driving Permit Admin - istration Fee Fund.
• Allowed a DUI offender who initially chose not to request an MDDP to petition the court for an MDDP later in the suspension period. An offender is not eligible for an MDDP if he/she was previously convicted of Aggravated DUI involving a death.
• Allowed an MDDP to be cancelled if an offender is convicted of or placed on court supervision for specified offenses, or if an offender attempts to remove the BAIID from his/her vehicle without Secretary of State authorization.
• Increased the suspension period for a first offense for failing chemical testing
• to 6 months, and 12 months for a first offense for refusing to submit to chemical testing.
• Allowed a driver with an RDP to transport children living in the person's
• household to and from day care or an acceptable educational institution.

Effective Aug. 11, 2009

• Increased the penalties for a DUI conviction following a conviction of reckless homicide or a similar provision in any other state to a Class 3 felony (rather than a Class 4) with possible imprisonment of 2-5 years and a $25,000 fine.
• Established mandatory court-ordered restitution for all defendants convicted of DUI that caused personal injury or real or personal property damage.

Effective Jan. 1, 2010

• Allows a person's vehicle to be seized and forfeited for driving while his/her license is revoked or suspended due to a reckless homicide conviction.