How are Drunk Drivers Punished Under Illinois Law?

Illinois defines driving under the influence (DUI) by measuring your blood-alcohol concentration (BAC) level.

If you are driving with a BAC of 0.08% or more, then Illinois considers you legally drunk and you cannot driver or operate a car or other motor vehicle. If you are less than 0.08% but more than 0.05%, then an officer can still give you a DUI if your conduct seems impaired.

While you are within this range, the cop has a lot of discretion to punish you but you do not get automatic penalties like you would if your BAC was greater than 0.08%. Also, even if your BAC is not 0.05%, you’re still more likely to get into an accident than if you were not drinking at all.

Illinois has various statutory, administrative, and criminal penalties for drunk drivers. By statute, if you fail a breathalyzer test or refuse to submit to one, then your license can be immediately suspended for up to 6 or 12 months.

Also, you will be arrested and arraigned for court proceedings. Administratively, the Illinois Secretary of State’s office will revoke your license and require you to complete or pay for the following items:

• Pay a driver’s license reinstatement fee of $500.
• Pay a new driver’s license fee of $30.
• Submit proof of financial responsibility.
• Complete a drug/alcohol evaluation.
• Complete a drug/alcohol program (if ordered).
• Install a Ignition Interlock Device (IID) on your car.
  • Pay an IID installation fee of $85
  • Pay an IID per month rental fee of $80
  • Pay an IID per month monitoring fee of $30

Finally, Illinois also criminally punishes drunk drivers. For your first DUI offense, you will have to surrender your license between 1 and 2 years depending on your age, go to jail for up to 6 months, pay at least $1,000, perform community service activities, complete a drug and alcohol program, and deregister your car. If you have additional DUI offenses, these penalties will increase.

Penalties for driving under the influence in Illinois are stiff. However, the process to get your license back after a DUI can be just as severe and expensive. Here are some things you will need to do to get yours back if you are given a DUI:

• Go to a hearing:
  • First DUI: hearing can be completed by going to a hearing officer.
  • Additional DUIs: hearing must be requested in writing and by paying a $50 fee.
• Clear your driving record.
• Complete a drug and alcohol rehab program and prove your treatment.
• Show that you are financially responsibility.
• Pay a reinstatement fee of $500.
• Pass a driver’s license exam.
• Pay an application fee of $30.