- Driving under the Influence (DUI) in Illinois may be charged as a misdemeanor or a felony
- Drivers convicted of a DUI also face various penalties as part of their sentencing
- High-risk insurance companies may provide solid coverage even to those with a DUI on their driving record
The state of Illinois maintains a population of 12.8 million people. More than eight million people hold Illinois driver’s licenses. While most drivers and pedestrians never have to deal with a serious auto accident, some do.
Sad to say, a few accidents come with traffic consequences. The consequences may directly result from a driver being intoxicated behind the wheel. To deter people from driving while intoxicated, Illinois imposes strict penalties for those who drive drunk.
If you’d like to better protect yourself and your car in case of an accident, enter your ZIP code above and compare at least three to four policies today!
DUI Laws in Illinois
The basis for determining whether someone is legally drunk in Illinois rests on their blood alcohol level (BAC). A person’s BAC biologically reveals just how much alcohol a person has ingested.
At a certain point, an individual’s cognitive abilities suffer due to the amount of alcohol consumed. If a breathalyzer test indicates a driver’s BAC logs at 0.08 percent, they are legally intoxicated.
Drivers under the age of 21, however, are subject to Illinois’ zero tolerance statute and can be charged when BAC levels are at 0.00 to 0.02 percent.
Even a trace amount of alcohol is enough for arrest and conviction. Drivers in Illinois should take this as a warning not to make any assumptions about the laws of the state.
– Driving with an Open Container of Alcohol
40 states bar driving with an open container of alcohol, and Illinois is one of them. Drivers should read the statute closely as differences may exist between the specifics of the law in one state vs. another.
In Illinois, any opened container of alcohol must be stored in the trunk of the vehicle. Additionally, it is illegal for the driver and also the passenger to hold an open container. Some states allow passengers to carry an open container. Not so in Illinois.
– Breathalyzer Tests
https://www.youtube.com/watch?v=Rzb_-VUrdmo
Those opposed to taking a breathalyzer test after being stopped must accept the fact Illinois is an implied consent jurisdiction.
Implied consent means, if you take to the roads in Illinois, you consent to a breath or blood test to determine the presence or alcohol of drugs in your system.
Penalties exist for refusing to take the test, such as:
- First-Time Refusal — Possible one-year license suspension
- Second Offense — Possible three-year suspension
- Third Offense — Possible three-year suspension
– Aggravated DUI Charges
Illinois may impose charges not common in other states such as “aggravated DUI.” An aggravated DUI is charged as a felony in Illinois. Factors contributing to an aggravated DUI charge may include driving impaired in a for-hire vehicle with passengers, causes serious harm to others in an accident, transporting someone under the age of 16, and more.
Penalties for a DUI in Illinois
People arrested for a DUI face serious charges in Illinois. The state takes DUI offenses so seriously, you do not even need to be behind the wheel of a moving vehicle to be charged.
An intoxicated person with keys in hand opening a car door could conceivably be charged. Persons convicted of a DUI often find the penalties to be punitive with the intention of dissuading further criminal conduct.
– First Offense
First-time drunk driving offenders face a Class A misdemeanor in Illinois. A conviction brings about a potential sentence of up to one year in jail.
A fine between $500 and $2,500 would be levied along with a one-year license suspension. The one-year suspension also applies to those who refuse to take a breathalyzer test.
The courts impose mandatory alcohol awareness classes to address any underlying issues.
Free Car Insurance Comparison
Compare Quotes From Top Companies and Save
– Second Offense
Barring great bodily injury deriving from a DUI accident, a second offense remains a Class A misdemeanor. With bodily injury, the incident would be charged as a felony.
Depending on how serious an injury, the felony could be reach Class 2, 3, or 4 felony level. Those convicted face a mandatory five days in prison or 240 hours of community service.
When the BAC level reaches .16 and above, two days in jail plus a minimum $1,250 fine are imposed.
Anyone transporting a child under the age of 16 faces a Class 4 felony. If the child is injured, the charges rise to a Class 4 felony. The mandatory fine becomes $5,000 along with 25 days of community service that benefits children in some way.
Driving privileges are placed at significant risk. If the second offense occurs within 20 years of the first, a license would be suspended for five years. Such a suspension could be life-impacting.
– Third Offense
A third offense yields a Class 2 felony and fines upwards of $25,000 along with outright revocation of a driver’s license for a minimum of 10 years. Vehicle registration suffers a suspension as well.
The possible jail time is three to seven years, but 48 months of probation could be an alternative sentencing option. When BAC shows 0.16 and above, both 90 days in jail and a $2,500 fine are mandatory.
If a minor is in the vehicle, the minimum fine rises to $25,000, and the convicted must perform 25 days of community service in a program related to children.
Revocation and Suspension
Revocation and suspension are often used interchangeably, but the two are entirely different. A license suspension puts driving privileges on hold for a set time. Once the time expires, privileges may be restored provided other conditions are met.
The payment of any fines and/or court costs along with the insurance company’s filing of an SR-22 might be required. An SR-22 form provides proof to the DMV the driver currently maintains adequate insurance.
With a revocation, a license is completely taken away, which could be permanent.
If a time period must pass before the revocation term expires, the would-be driver must go through the entire process of applying for and being approved for a license. No guarantees exist they will ever be approved for a new license.
Alcohol Safety Action Program
Alcohol awareness and educational programs may be required before reinstating driving privileges.
The programs do more than just help someone convicted of a DUI meet court requirements. The programs help address issues the person may have regarding alcohol use and abuse.
The Alcohol Safety Action Program acts as a precautionary measure against future DUIs. Other precautionary measures may be employed as well.
Also installing an interlock device, often mandated by court order, prevents someone from driving a particular vehicle. A breathalyzer connected to the vehicle’s ignition system. Failing the breathalyzer test means the ignition won’t start, and the person cannot drive the car.
Insuring a DUI Offender
People with previous DUI convictions might assume procuring insurance would be impossible. In reality, insurance options do exist.
When searching for insurance in Illinois, use the internet to acquire quotes from companies that take high-risk drivers.
Think about installing accident-prevention tools in the vehicle to increase the chances of not only being approved for insurance but also receiving a discount. A “precautionary device discount” may not be the most well known cost-saving benefit, but it does exist.
In time, a good behavior discount may even be included on the policy if the driver stays out of trouble.
If you’re looking for better and more affordable auto insurance, enter your ZIP code below and start comparison shopping today!