Every Illinois DUI case has a criminal and
civil aspect, this Summary of Illinois DUI law only covers
the criminal offense of DUI. The administrative (civil)
license suspension penalties are covered in the section
on the Illinois Summary Suspension Law.
The Illinois DUI law provides in pertinent
part as follows:
1) the alcohol concentration in that person's
blood or breath is 0.08 or more
2) under the influence of alcohol
3) under the influence of any intoxicating
compound or combination of intoxicating compounds to
a degree that renders the person incapable of safely
driving
4) under the influence of any other drug
or combination of drugs to a degree that renders the
person incapable of driving safely
5) under the combined influence of alcohol
and any other drug or drugs, or intoxicating compound
or compounds to a degree that renders the person incapable
of safely driving; or
6) there is any amount of a drug, substance,
or compound in the person's breath, blood, or urine
resulting from the unlawful use or consumption of cannabis,
or a controlled substance or intoxicating compound
NOTE:
b) The fact that any person charged with
Driving Under The Influence is or has been legally entitled
to use alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof, shall
not constitute a defense against a charge or violation
(c) Except as provided under paragraph (d)
of this Section, every person convicted of violating
this Section or a similar provision of a local ordinance,
shall be guilty of a Class A misdemeanor and, in addition
to any other criminal or administrative action, for
any second conviction of violating this Section or a
similar provision of a local ordinance committed within
5 years of a previous violation of this Section or a
similar provision of a local ordinance shall be mandatorily
sentenced to a minimum of 48 consecutive hours of imprisonment
or assigned to a minimum of 100 hours of community service
as may be determined by the court. Every person convicted
of violating this Section or a similar provision of
a local ordinance shall be subject to a mandatory minimum
fine of $500 and a mandatory 5 days of community service
in a program benefiting children if the person committed
a violation of paragraph (a) or a similar provision
of a local ordinance while transporting a person 16
years of age or younger. Every person convicted a second
time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500
and 10 days of mandatory community service in a program
benefiting children if the current offense was committed
while transporting a person 16 years of age or younger.
The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person
be eligible for probation in order to reduce the sentence
or assignment.
(c-1) A person who violates this Section
during a period in which his or her driving privileges
are revoked or suspended under this Section or Section
11-501.1 of this Code or restricted under Section 6-303
of this Code, where the revocation, suspension, or restriction
was for a violation of this Section shall, unless otherwise
sentenced to a term of imprisonment in the penitentiary,
in addition to any other criminal or administrative
action, be mandatorily sentenced to a minimum term of
30 consecutive days of imprisonment, 40 days of 24 hour
periodic imprisonment or 720 hours of community service,
as may be determined by the court. A sentence of imprisonment,
periodic imprisonment, or community service shall not
be subject to suspension nor shall the person be eligible
for probation in order to reduce the sentence.
(c-2) A minimum term of imprisonment of
not less than 48 consecutive hours or 10 days of community
service as may be determined by the court shall be imposed
for a second or subsequent violation within 5 years
of a previous violation of Section 11-501 of this Code
or a similar provision of a local ordinance.
(d)(1) Every person convicted of committing
a violation of this Section shall be guilty of aggravated
driving under the influence of alcohol or drugs or a
combination of both if:
(A) the person committed a violation
of paragraph (a) for the third or subsequent time;
(B) the person committed a violation
of paragraph (a) while driving a school bus with
children on board;
(C) the person in committing a violation
of paragraph (a) was involved in a motor vehicle
accident that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries;
or
(D) the person committed a violation
of paragraph (a) for the second time and has been
previously convicted of violating Section 9-3 of
the Criminal Code of 1961 relating to reckless homicide
in which the person was determined to have been
under the influence of alcohol or any other drug
or drugs as an element of the offense or the person
has previously been convicted under subparagraph
(C) of this paragraph (1).
(2) Aggravated driving under the influence
of alcohol or drugs or a combination of both is a
Class 4 felony for which a person, if sentenced to
a term of imprisonment, shall be sentenced to not
less than one year and not more than 3 years for a
violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year
and not more than 12 years for a violation of subparagraph
(C) of paragraph (1) of this subsection (d).
