Illinois Driving Under Influence Law
In common with many other States, a DUI arrest in Illinois will lead to two cases being brought against the defendant, a criminal case and a Transportation Department case. If you have been arrested for DUI in Illinois, you have only 7 days in order to apply for a hearing at the Transportation Department in order to retain your driver's license. It is therefore essential that you contact an Illinois DUI lawyer as soon as possible.
The maximum Blood Alcohol Content permissible under Illinois law is 0.08%, refusal to submit to chemical tasting will result in minimum 3 month suspension with a maximum of 2 years for repeat offenders.
Under 21s who are convicted of DUI will have their license suspended for a minimum of two years in the event of a first offense. A second offense leads to a five year ban, any subsequent offenses results in a 10 year suspension of your drivers' license. A fourth conviction will lead to the stripping of your license, meaning you will never again drive legally.
In the event that you are convicted for DUI whilst having a child in the car, you face a mandatory jail term, a fine of no less that $1000 and mandatory community service.
| Conviction | Punishment |
| First | Up to one year in jail, a fine of a maximum of $1000, mandatory counseling program and a possible suspension of license. |
| Second | Mandatory 48 hour jail term up to 1 year, or 10 days community service, fine of up to $1000 and indefinite suspension of license. |
| Third | Third offense or a conviction involving serious injury, the conviction is upgraded from misdemeanor to a class 4 felony. Prison sentence between 1 and 3 years and revocation of your drivers' license. |
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