In Illinois, the legal BAC limit is 0.08% for drivers over the age of 21. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable amount of alcohol is illegal.

Illinois law defines DUI as operating a motor vehicle while impaired by alcohol, drugs, or an intoxicating compound to a degree that renders the driver unable to drive safely.

Penalties can include up to one year in jail, fines of up to $2,500, driver’s license suspension, and mandatory attendance in a DUI education program.

Yes, you can refuse a breathalyzer test, but it will result in an automatic license suspension under Illinois’s implied consent law, regardless of whether you are later found guilty of DUI.

Yes, DUI checkpoints are legal in Illinois, including Chicago, as long as they are conducted in a manner that meets certain legal requirements such as neutrality in stopping vehicles.

A DUI conviction remains on your driving record permanently in Illinois.

A DUI charge can lead to the suspension or revocation of your driver’s license, with the duration depending on the number of prior offenses and the specifics of the case.

Yes, commercial drivers are subject to stricter BAC limits and penalties, as a DUI can result in the loss of commercial driving privileges.

In Illinois, the term DUI is used exclusively. Other states may use DWI (Driving While Intoxicated) to refer to similar offenses, but Illinois does not differentiate between the two.

Yes, if prescription drugs impair your ability to drive safely, you can be charged with a DUI.

This is an automatic administrative suspension of a driver’s license after a DUI arrest for failing or refusing to undergo chemical testing.

After arrest, you’ll likely face administrative penalties like license suspension, then criminal proceedings, which involve arraignment, pre-trial motions, potential trial, and sentencing.

An Aggravated DUI is a felony offense in Illinois, which can occur under various circumstances, such as multiple DUI offenses, DUI without a valid license, or DUI resulting in death or great bodily harm.

While you have the right to represent yourself, DUI law is complex, and the consequences of a conviction are serious. It is highly advised to seek representation from a qualified DUI attorney.

Common defenses include challenging the validity of the traffic stop, accuracy of breathalyzer tests, proper administration of field sobriety tests, and questioning whether the driver’s abilities were truly impaired.

DUI cases involving injuries are typically charged as felonies and can result in severe penalties, including longer jail sentences, higher fines, and extended license suspensions.

Costs can include court fines, legal fees, increased insurance rates, driver’s license reinstatement fees, and costs associated with alcohol education programs.

DUI convictions are not eligible for expungement in Illinois. However, in some cases, arrest records may be sealed if the DUI did not result in a conviction.

Exercise your right to remain silent, comply with the officer’s requests without admitting guilt, and contact a DUI attorney as soon as possible to discuss your case.

You may apply for a restricted driving permit during suspension, followed by a full reinstatement after the suspension period, which often requires a hearing with the Secretary of State’s office and meeting certain conditions.

Immediately hire a qualified DUI attorney. Timing is critical, as early legal action—such as filing a petition to rescind your suspension, issuing subpoenas, or demanding a trial—can significantly impact your case. The sooner you act, the more options you may have to challenge the charges and protect your rights.

Court Supervision is a sentencing alternative that allows first-time DUI offenders in Illinois to avoid a conviction—and the automatic driver’s license revocation that comes with it. If granted, you must comply with court-ordered conditions such as paying fines, completing alcohol treatment, attending a Victim Impact Panel, and avoiding new offenses during the supervision period (typically 1-2 years). Successfully completing supervision prevents a DUI conviction from appearing on your record, helping you avoid the costly reinstatement process.

In Illinois, Statutory Summary Suspension rules define a first offender based on a five-year lookback period. If you haven’t had a prior DUI-related suspension in the past five years, you’re considered a first offender for suspension purposes. However, for the DUI charge itself, your entire lifetime record applies—meaning any past DUI or reckless driving reduction makes you ineligible for court supervision.

A suspension lasts for a set period, after which you can pay a reinstatement fee to restore your license—such as with a Statutory Summary Suspension for DUI. A revocation, however, is indefinite. If your license is revoked for a DUI conviction, you must go through a formal Secretary of State hearing to regain driving privileges.

Unlikely. Miranda rights only apply to statements used against you, not the overall case. In most DUI prosecutions, the key evidence includes field sobriety tests and chemical test results, not verbal statements. Even if a Miranda violation occurred, the remedy is typically suppressing the statement, not dismissing the case.

In most cases, one DUI ticket is based on chemical test results (such as a breath or blood test), while the other is based on the officer’s observations of impairment. While you can be charged with both, Illinois law only allows sentencing on one DUI offense if convicted.

Yes, if your license is otherwise valid. A Statutory Summary Suspension usually doesn’t take effect until 46 days after your arrest. Until then, you can legally drive using your Notice of Statutory Summary Suspension, which serves as a temporary receipt for your driving privileges.

In Illinois, you don’t need to be actively driving to be charged with DUI. The law considers “actual physical control” of a vehicle enough—meaning if you’re inside the car with access to the keys, you could be deemed capable of driving. Even if you were just “sleeping it off,” the presence of keys in your pocket or within reach can still lead to a DUI charge.

Yes. In Illinois, you must appear at every court date unless a judge excuses you. Failing to appear can result in a revoked bond and a warrant for your arrest.

In Illinois, a DUI Alcohol & Drug Evaluation is required before sentencing. It assesses your risk level and likelihood of reoffending, helping the judge determine appropriate sentencing and any required treatment or education programs.

After your DUI arrest in Illinois, you’ll be taken to the police station and asked to submit to a chemical test. You should be given Warnings to Motorist, explaining the consequences of taking or refusing the test. The officer will then issue a Notice of Statutory Summary Suspension, which acts as a temporary license for 45 days. You’ll also receive DUI citations, a bond slip, and possibly a Notice of Impoundment if your vehicle was towed. After release, your first priority should be hiring a qualified DUI attorney. An attorney can immediately file a Petition to Rescind the Summary Suspension, challenge evidence, and protect your driving privileges.

If your license is suspended, you may be eligible for a Monitoring Device Driving Permit (MDDP) with a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle. If your case goes to trial and you’re found not guilty, your driving privileges remain intact. If convicted, penalties range from court supervision to jail time, along with mandatory alcohol evaluations, fines, and treatment programs. A DUI conviction also results in license revocation, requiring a formal Secretary of State hearing for reinstatement.