Illinois DUI Defense Guide
DUI Penalties in Illinois
Know exactly what you're facing. Understanding the penalties is the first step in fighting to avoid them.
Updated October 7, 2026
◆ Illinois Law
DUI in Illinois is governed by 625 ILCS 5/11-501, which prohibits operating a vehicle while under the influence of alcohol, drugs, or any intoxicating compound. Penalties escalate with each offense and with aggravating factors defined in the statute.
Source: 625 ILCS 5/11-501 — Illinois Vehicle Code, Driving Under the Influence
What are the penalties for a DUI in Illinois?
A first DUI in Illinois is a Class A misdemeanor punishable by less than one year in jail and fines up to $2,500. A second DUI carries a mandatory minimum of 5 days in jail or 240 hours of community service. A DUI becomes a felony (Aggravated DUI) on a third offense, when a crash causes great bodily harm or death, or when you drive on a license revoked or suspended for a prior DUI (625 ILCS 5/11-501). A first offense with a child under 16 in the vehicle stays a misdemeanor, with added penalties. It is a felony on a second offense with a child under 16, or when that child suffers bodily harm.
Understanding the penalties you face is essential—but knowing them doesn't mean accepting them. After defending 3,000+ DUI cases exclusively over 25+ years, Andy Sotiropoulos has helped clients avoid or reduce these penalties through aggressive, experienced defense.
Illinois DUI Penalty Chart
This chart summarizes the criminal class, sentencing range, and driver's license consequence for each level of DUI under 625 ILCS 5/11-501, with sentencing ranges from 730 ILCS 5/5-4.5 and license rules from 625 ILCS 5/6-208. These are statutory ranges, not predictions. The outcome of your case depends on the evidence and on the defense.
| Offense | Class | Sentencing range | Mandatory minimums | License after conviction |
|---|---|---|---|---|
| First DUI | Class A misdemeanor | Less than 1 year jail; fine up to $2,500 | BAC 0.16+: 100 hours community service and $500 minimum fine | Revoked; may apply after 1 year |
| Second DUI | Class A misdemeanor | Less than 1 year jail; fine up to $2,500 | 5 days jail or 240 hours community service; BAC 0.16+: 2 days jail and $1,250 minimum fine | Revoked; 5 years if within 20 years of the first |
| Third DUI | Class 2 felony | 3-7 years prison | BAC 0.16+: 90 days jail and $2,500 minimum fine | Revoked; 10 years |
| Fourth DUI | Class 2 felony | 3-7 years; no probation | BAC 0.16+: $5,000 minimum fine | Permanent revocation |
| Fifth DUI | Class 1 felony | 4-15 years; no probation | BAC 0.16+: $5,000 minimum fine | Permanent revocation |
| Sixth or later | Class X felony | 6-30 years; no probation | BAC 0.16+: $5,000 minimum fine | Permanent revocation |
| Crash causing great bodily harm | Class 4 felony | 1-12 years if prison is imposed | — | Revoked; may apply after 1 year on a first |
| Crash causing a death | Class 2 felony | 3-14 years (one death); 6-28 years (two or more) | Probation only in extraordinary circumstances | Revoked; 2 years on a first, or 24 months after release if later |
The chart does not show the statutory summary suspension, which starts after the arrest and is separate from any conviction: 6 months for a failed test or 12 months for a refusal on a first offense with no crash injury or death, and 1 year for a failed test or 3 years for a refusal for a repeat offender (625 ILCS 5/6-208.1). Anyone placed on probation for a felony DUI must also serve 480 hours of community service or 10 days in jail (11-501(d)(3)). Court supervision, available only on a qualifying first offense, avoids a conviction and the revocation that comes with it. On a second or later conviction, a full license also requires a restricted driving permit and 5 continuous years of ignition-interlock compliance (625 ILCS 5/6-208(b)1.3).
Every number in this chart assumes the State can prove the charge. Andy's job is to make the State prove it. Call (708) 408-9010 for a free case review.
Important: These are statutory ranges. Actual sentences depend on the evidence, the prior record, and the defense. Many first-time offenders avoid jail entirely.
A revocation is not the same as a fixed-term suspension. Once the revocation period passes, driving privileges are not restored automatically. Learn about getting your license back after a DUI revocation through a Secretary of State hearing.
Beyond Jail: The Full Cost of DUI
The official penalties are just the beginning. A DUI conviction creates costs that extend for years:
- Fines & Fees: $2,500+ in court fines plus hundreds in fees
- Insurance Increases: Rates typically triple for 3-5 years ($5,000-$15,000+)
- Alcohol Education: $500+ for mandatory classes
- License Reinstatement: $500+ in fees
- Ignition Interlock: $100/month if required
- Lost Income: Time off work for court, classes, etc.
- Employment Impact: Job loss or missed opportunities
- Professional License: Potential suspension or revocation
Total cost of a DUI conviction often exceeds $15,000-$25,000. Fighting the charge is frequently cheaper than accepting conviction.
Aggravating Factors That Increase Penalties
- BAC of .16 or higher (double the legal limit)
- Accident causing property damage, injury, or death
- Child under 16 in the vehicle
- Driving on suspended or revoked license
- Bodily harm from a crash in a 20 mph school speed zone
- No valid driver's license or insurance
- Prior DUI convictions
Court Supervision: Avoiding Conviction
For first-time offenders, court supervision may be available. This is essentially probation that, if completed successfully, means no conviction on your record. Supervision requires completing alcohol education, paying fines, and staying out of trouble—but it protects your future.
In DuPage County, supervision evaluations go through County Court Services at (630) 407-8384. Andy guides clients through this process to maximize the chance of a favorable outcome.
Learn more: First DUI in Illinois
Critical Deadline: You have 90 days from the notice (usually served at your arrest) to request a hearing to fight your license suspension. This deadline applies regardless of the offense level. Learn more about the 90-day deadline →
Professional License Consequences
DUI penalties extend beyond the criminal courtroom. If you hold a professional license—medical, legal, financial, teaching, CDL, or aviation—a DUI conviction can trigger licensing board review that threatens your entire career. Many licensing boards require self-reporting within 30 days of arrest, before your criminal case even resolves.
Andy defends professionals across every field and understands how the criminal case outcome affects licensing proceedings. Learn how DUI affects your profession: professional license defense →
Fighting Is Worth It
Given the true cost of DUI conviction—financially, professionally, and personally—fighting the charge is almost always worth it. Illinois has no DUI expungement, meaning a conviction stays on your record permanently. Even if the case seems difficult, defense options often exist that can reduce charges, avoid conviction, or minimize penalties.
As a State Delegate to the National College for DUI Defense, Andy stays at the forefront of defense strategies. Whether it's challenging breathalyzer evidence, questioning field sobriety test procedures, or negotiating a favorable plea bargain—every angle gets explored.
Related Topics: How to Beat a DUI • License Suspension & 90-Day Deadline • Expungement Facts • First DUI • Second DUI • Felony & Aggravated DUI • Professional License Defense • Service Areas
Frequently Asked Questions
What are the penalties for a first DUI in Illinois?
A first DUI in Illinois is a Class A misdemeanor: less than one year in jail, which is rarely imposed, and a fine up to $2,500 (730 ILCS 5/5-4.5-55). The statutory summary suspension is separate from the conviction: 6 months if a first offender submits to a test at 0.08 or more, or 12 months for a first-offender refusal when the arrest did not involve a crash causing injury or death (625 ILCS 5/6-208.1). A conviction revokes the license, and you may apply for reinstatement after 1 year (625 ILCS 5/6-208(b)1). Court supervision may be available on a qualifying first offense and avoids a conviction.
What is the penalty for a second DUI in Illinois?
A second DUI in Illinois is a Class A misdemeanor. It carries a mandatory minimum of 5 days in jail or 240 hours of community service, and a fine up to $2,500. Court supervision is not available. A conviction revokes the driver's license. If the second offense was committed within 20 years of the first, you may not apply for a license until 5 years after the most recent revocation (625 ILCS 5/6-208(b)2). A full license on a second or later conviction also requires a restricted driving permit and 5 continuous years of ignition-interlock compliance (625 ILCS 5/6-208(b)1.3).
When is a DUI a felony in Illinois?
DUI becomes a felony, called Aggravated DUI, on a third or subsequent offense, when a crash causes great bodily harm or death, on a second offense while transporting a child under 16, or when that child suffers bodily harm. It is also a felony when you drive on a license suspended or revoked for a prior DUI or a similar offense, or when a crash in a 20 mph school speed zone causes bodily harm (625 ILCS 5/11-501(d)). A first offense with a child under 16 in the vehicle stays a misdemeanor, with added penalties under 11-501(c)(3). Felony DUI carries prison time.
How much does a DUI cost in Illinois?
Total costs of a DUI in Illinois typically range from $10,000-$25,000+ when you include: fines and fees ($2,500+), attorney fees, increased insurance rates (for years), alcohol education ($500+), license reinstatement fees, and potential lost income. Fighting the charge is often cheaper than the conviction.
Will I go to jail for a DUI in Illinois?
For a first offense without aggravating factors, jail is uncommon with proper representation. For second offenses, either 5 days jail or 240 hours community service is mandatory. Third and subsequent offenses, or aggravated DUI, carry significant jail or prison time.
Is a DUI in Illinois a felony or misdemeanor?
A first or second DUI in Illinois is typically a Class A misdemeanor. It becomes a felony, called Aggravated DUI, on a third or subsequent offense, when a crash causes great bodily harm or death, on a second offense while transporting a child under 16, or when that child suffers bodily harm. Driving on a license suspended or revoked for a prior DUI, or causing bodily harm in a 20 mph school speed zone, is also a felony (625 ILCS 5/11-501(d)). A first offense with a child under 16 stays a misdemeanor with added penalties. Felony DUI is a Class 4, Class 3, Class 2, Class 1, or Class X depending on the offense, and it carries prison time rather than county jail.
Can I get court supervision for a DUI in Illinois?
Court supervision is available for first-time DUI offenders in Illinois and is one of the most important outcomes your attorney can fight for. Under court supervision, you complete a probationary period with conditions (DUI education, fines, staying law-abiding). If you complete it successfully, no conviction is entered on your record. You are only eligible for supervision once in your lifetime for DUI -- which means if you face a second offense, supervision is no longer available. The DUI evaluation process and your attorney's relationship with prosecutors and judges affect whether supervision is offered.
How long does a DUI stay on your record in Illinois?
A DUI conviction in Illinois stays on your record permanently. Illinois law does not allow DUI convictions to be expunged or sealed -- ever. Even if you received supervision (not a conviction), the arrest record may remain. This is why fighting DUI charges aggressively matters: the consequences of conviction are lifelong. A DUI will appear on criminal background checks, affect professional licensing, and can be used to enhance penalties in any future offense for the rest of your life.
What is the legal BAC limit for DUI in Illinois?
The legal blood alcohol concentration (BAC) limit in Illinois is 0.08% for drivers 21 and older. For commercial drivers (CDL), the limit is 0.04%. For drivers under 21, Illinois has a zero-tolerance law -- any detectable amount of alcohol (0.00%) can result in license suspension, and 0.08% still triggers full DUI charges. A BAC of 0.16% or higher is an aggravating factor that increases penalties significantly. Important: you can be charged with DUI even if your BAC is below 0.08% if the officer believes your driving ability was impaired.
Is a 5th or 6th DUI in Illinois a Class 1 or Class X felony?
A fifth DUI is a Class 1 felony with a 4-15 year range, and probation is not allowed. A sixth or later DUI is a Class X felony with a 6-30 year range, and probation is not allowed (625 ILCS 5/11-501(d)(2)(D) and (E); 730 ILCS 5/5-4.5-25 and 5-4.5-30). A fourth DUI is a Class 2 felony that also cannot be sentenced to probation.
What is the difference between a summary suspension and a revocation in Illinois?
A statutory summary suspension is an administrative penalty that starts after the arrest, before any conviction: 6 months for a failed test or 12 months for a refusal on a first offense with no crash injury or death. A revocation follows a DUI conviction. On a first conviction you can apply for reinstatement after 1 year; after a second conviction within 20 years, the wait is 5 years.
Does a BAC of 0.16 or higher increase DUI penalties in Illinois?
Yes. On a first DUI, a BAC of 0.16 or more adds a mandatory 100 hours of community service and a $500 minimum fine. On a second, it adds 2 mandatory days in jail and a $1,250 minimum fine. On a third, it adds 90 days in jail and a $2,500 minimum fine (625 ILCS 5/11-501(c)(4) and (c)(5), and (d)(2)(B)).
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