DUI Related Offenses
Penalties for Illinois DUI–Related Offenses
Driving on a Suspended or Revoked License
- First conviction –– Class A misdemeanor; possible imprisonment of up to 12 months; mandatory imprisonment of 10 days in jail or 30 days of community service; fines of up to $2,500; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
- Second conviction –– Class 4 felony; possible imprisonment of 1–3 years; minimum 30 days in jail or 300 hours of community service; fines of up to $25,000;msuspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
- Third conviction –– Class 4 felony; possible imprisonment of 1–3 years; minimum 30 days in jail or 300 hours of community service; fines of up to $25,000; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
- Fourth through ninth conviction –– Class 4 felony; possible imprisonment of 1–3 years; minimum 180 days in jail; fines of up to $25,000; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
- 10th through 14th conviction –– Class 3 felony; possible imprisonment of 2–5 years; not eligible for probation or conditional discharge; fines of up to $25,000; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
- 15th or subsequent conviction –– Class 2 felony; possible imprisonment of 3–7 years; not eligible for probation or conditional discharge; fines of up to $25,000; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
Possession of Drugs in a Vehicle
Illegal possession of a controlled substance or cannabis by a driver; violations must be entered in court records and reported to the Secretary of State.
- First conviction –– Suspension of driving privileges for 1 year.
- Second conviction within 5 years –– Suspension of driving privileges for 5 years.
Knowingly Permitting a Driver Under the Influence to Operate a Vehicle
- Class A misdemeanor; possible imprisonment of up to 1 year; fines of up to $2,500.
Driving Without a BAIID
A DUI offender who chooses not to receive an MDDP and participate in the BAIID program and is subsequently caught driving a vehicle during the suspension period, is guilty of a Class 4 felony. Additionally, a DUI offender who receives an MDDP and participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed is guilty of a Class 4 felony. Penalties include possible imprisonment of 1–3 years, a minimum of 30 days in jail or 300 hours of community service, and fines of up to $25,000.
Dram Shop
An employee or owner of an establishment may be held liable for a crash resulting from the unlawful selling, giving or delivery of alcohol in that establishment to a minor, intoxicated person or person known to be under legal disability or in need of mental treatment.
- Liability is limited to $50,467 for property damage or personal injury.
- Liability extends to $61,682 for a loss of means of support due to death or injury.
Illegal Transportation/Open Container
It is illegal to transport, carry, possess or have any alcoholic beverages in the passenger compartment of a motor vehicle, except in the original container with the seal unbroken. Limousines, motor homes, mini motor homes and chartered buses not hired for school purposes are exceptions to the law.
- Maximum fine of $1,000 and points–assigned violation on driver's record.
- Suspension of driving privileges for 1 year or revocation for a second conviction within 1 year.
- If the offender is under age 21 –– Mandatory suspension of driving privileges for 1 year for first offense; mandatory revocation of driving privileges for a second offense.
Fraudulent IDs and Driver's Licenses
It is illegal to assist in obtaining or to fraudulently obtain, distribute, use or possess a fraudulent state ID card or driver's license. The Secretary of State has the authority to suspend or revoke driving privileges for up to one year without a conviction for anyone involved in the following offenses:
Class A misdemeanors (subsequent offenses are Class 4 felonies)
- Possessing, attempting to obtain or assisting another in obtaining a fraudulent driver's license or permit (first offense).
- Allowing another person to use your driver's license or permit.
- Displaying or representing as one's own any driver's license or permit issued to someone else.
- Allowing any unlawful use of one's driver's license or permit.
Class 4 felonies (subsequent offenses may be Class 3 felonies)
- Possessing, attempting to obtain or assisting another in obtaining a fraudulent driver's license or permit (second or subsequent offense).
- Issuing or assisting in the issuance of a fraudulent driver's license.
- Manufacturing, possessing or providing any document for the purpose of obtaining a fraudulent driver's license.
- Possessing a driver's license–making or permit–making implement.