The FBI estimates there were more than 1.4 million DUI arrests nationwide in 2003. According to the 2010 Illinois Fact Book, there were more than 48,000 in-state arrests for driving under the influence (DUI) in 2008.
A driver is considered legally DUI in Illinois if he or she:
• Has a blood-alcohol concentration (BAC) of .08 or more.
• Has used any illegal substance.
• Is impaired by medication.
Drivers with a BAC between .05 and .08 may also be convicted of DUI if they are impaired.
With limited exception for religious ceremonies and prescribed medicine, there is zero tolerance for consumption of alcohol by drivers under 21.
DUI Fines and Penalties
First DUI (Class A Misdemeanor)
Upon conviction, first-time offenders face:
• Up to one year in jail.
• At least 100 hours of community service if their BAC was .16 or higher.
• 25 days of community service if they were driving with a passenger under 16.
• A fine of up to $2,500.
• An additional fine of at least $500 if their BAC was .16 or above.
• An additional fine of at least $1,000 if driving with a passenger under 16.
• Drivers convicted of DUI may have their licenses suspended for at least one year and their vehicle registration suspended.
• Illinois is one of 11 states that require all DUI offenders, even first-time offenders, to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his or her vehicle as a condition of driving relieve during their license suspension.
Second DUI (Class A Misdemeanor)
Drivers convicted of a second offense:
• Must serve at least five days of jail time or 240 hours of community service and face up to a year in jail.
• Must serve an additional mandatory two days of jail time of their BAC was .16 or higher.
• May face three to seven years prison time if driving a passenger under 16 (which constitutes felony aggravated DUI).
• Must serve at least 25 days of community service if there was a passenger under 16.
• A fee of up to $2,500.
• An additional fee of at least $1,250 if the BAC was .16 or higher.
• An additional fee of up to $25,000 if there was a passenger under 16.
• Upon a second conviction, drivers face license suspension for at least five years and vehicle suspension if the prior DUI was within the 20 previous years.
Third DUI (Aggravated DUI (Class 3 Felony)
Conviction of a third offense carries a:
• Possible prison sentence of three to five years and fines up to $25,000.
• If driver’s BAC was .16 or higher, there will be a mandatory 90 days of jail time and minimum fine of $2,500.
• Drivers transporting a child under the age of 16 will face an additional mandatory fine of $25,000 and an additional sentence of 25 days of community service.
• A third-time offender’s driving privileges will be revoked for at least 10 years and vehicle registration will be suspended.
Four DUI (Aggravated DUI, Class 2 Felony)
A fourth DUI carries the same potential penalties, except that:
• If committed with a BAC of .16 or higher, in addition to the other fines, there is a mandatory minimum fine of $5,000.
• If committed with a passenger under 16, an additional mandatory fine of $25,000 and sentence of 25 days community service.
Fifth DUI (Aggravated DUI, Class 1 Felony)
A fifth DUI carries a possible:
• Sentence of 4 to 15 years in prison.
• Fines up to and in excess of $25,000.
• Community service.
• Upon a fifth conviction, driving privileges will be revoked for life (with little relief available) and vehicle registration suspended.
Sixth or Subsequent DUIs (Aggravated DUI, Class X Felony)
Convicted drivers face potential:
• Imprisonment for 6 to 30 years.
• Fines up to and in excess of $25,000
• Community service.
• Driving privileges will be revoked for life with no relief available and vehicle registration will be suspended.
The law differs with regard to drivers under the age of 21 or those with a commercial driver’s license. The penalties and fine may also be increased for drivers who are involved in an accident.
A DUI conviction is a permanent part of a driving record. Drivers may lose work time and have their vehicle impounded or seized. Those who have been arrested for or charged with DUI should contact a criminal defense attorney to protect their rights and driving privileges.
To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.