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NEW PENALTIES FOR DUI IN ILLINOIS 2017

 

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI. (See page 29 for specific penalties for misdemeanor and felony convictions.) First Conviction (Not Court Supervision) Class A misdemeanor; minimum revocation of driving privileges for one year (two years if driver is under age 21); suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service. Penalties for a DUI Conviction Administrative Driver’s License Revocation • If committed while transporting a child under age 16 — In addition to any penalties or fines, possible imprisonment of up to six months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children. • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child Second Conviction Class A misdemeanor; mandatory minimum imprisonment of five days or 240 hours of community service; revocation of driving privileges for a minimum of five years for a second conviction within 20 years; suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any penalties or fines, mandatory imprisonment of two days and mandatory minimum fine of $1,250. • If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony. • If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony — In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children. (Aggravated DUI); Class 2 felony — In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children. Third Conviction (Aggravated DUI) Class 2 felony; revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500. • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children. Fourth Conviction (Aggravated DUI) Class 2 felony; revocation of driving privileges for life; suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children. Fifth Conviction (Aggravated DUI) Class 1 felony; revocation of driving privileges for life; suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children. Sixth or Subsequent Conviction (Aggravated DUI) Class X felony; revocation of driving privileges for life; suspension of vehicle registration. • If committed with a BAC of .16 or more — In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000. • If committed while transporting a child under age 16 — In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children. Aggravated DUI Any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person who is sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or 10 days imprisonment. Aggravated DUI includes the following offenses: • Third or subsequent DUI (Class 2 felony; penalties vary according to offense). • DUI committed while driving a school bus carrying one or more persons age 18 or younger (Class 4 felony). • DUI committed while driving a vehicle for-hire carrying one or more passengers (Class 4 felony). • DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony). Revocation of driving privileges for a minimum of two years. • Second or subsequent DUI committed while transporting a child under age 16 (Class 2 felony; penalties vary according to offense). • DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 2 felony; penalties vary according to offense). • DUI committed without a valid driver’s license or permit (Class 4 felony). • DUI committed without vehicle liability insurance (Class 4 felony). • DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 3 felony). • DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony). • DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony). Any penalty imposed is in addition to the penalty for any subsequent DUI violation. Revocation period determined by offense. • DUI resulting in a death (Class 2 felony). Revocation of driving privileges for a minimum of two years from the effective date of the revocation or from the date of release from incarceration for the offense. Additional Consequences of DUI • A DUI conviction is a permanent part of an offender’s driving record. • The offender may lose work time. • The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated. • The offender must meet the requirements of the Secretary of State’s Department of Administrative Hearings prior to obtaining an RDP. • A Breath Alcohol Ignition Interlock Device may be installed on the offender’s vehicle as a condition of driving relief. • The offender is required to carry high-risk auto insurance for three years. • The offender’s vehicle registration will be suspended. Vehicle Impoundment The vehicle of any driver may be seized or impounded by local authorities for: • Committing a DUI while driving privileges are suspended/revoked for a previous DUI or reckless homicide. • Committing a DUI with a previous conviction of reckless homicide, aggravated DUI with death or great bodily harm. • Committing a third or subsequent DUI. • Committing a DUI without a valid driver’s license or permit. • Committing a DUI while uninsured.