How Are Drink Drivers Punished In Illinois?

Illinois punishes drunk drivers in variety of ways including the following:

  • Fines
  • Imprisonment
  • Loss of driving privileges
  1. How Does Illinois Define Driving Under The Influence (Dui)?
  2. How Does Illinois Penalize Drunk Drivers?
  3. How Do Drivers Get Their Licenses Back After A Dui?
  4. Worried The Drunk Driver Will Not Be Punished Properly?

How Does Illinois Define Driving Under The Influence (Dui)?

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.

Back to the Top

How Does Illinois Penalize Drunk Drivers?

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.

Back to the Top

How Do Drivers Get Their Licenses Back After A Dui?

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.

Back to the Top

Worried The Drunk Driver Will Not Be Punished Properly?

Rosenfeld Injury Lawyers constantly sees the worry in the eyes of drunk driving victims. They fear that the perpetrator will get off without appropriate punishment. However, with competent and dedicated representation, they will get the punishment and you will get the recovery that you both deserve. We can help you get that at no cost, on contingency, which means that you don’t pay for a dime of expenses until the suit is over and you are satisfied. Contact our offices today and someone from the Rosenfeld Injury Lawyers will put you on the path to recovery immediately.

To learn more about drunk driving accidents in Illinois, please read the following pages:

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong, Google User
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim, Avvo User
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia, Avvo User
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa, Avvo User
★★★★★
Contact Us for a Free Consultation (888) 424-5757
Chicago Office Map