Illinois DWI Penalties

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DWI Penalties

Type of charge	Jail time/Community service	Loss of driving privileges	Restricted driving permit available?	Fines
DUI-1st offense, under 21	Possible 0-12 months, 100 hours community service	Minimum 2 years	Yes, after 1 year, Ignition interlock device may be required	up to $2,500
DUI- 1st offense, over 21	Possible 0-12 months in jail, 100 hours of community service	Minimum 1 year	Yes, ignition interlock device may be required	up to $2,500
DUI- 2nd offense	Possible 0-12 months, if this is your second conviction in 5 years, there is a mandatory minimum sentence of 5 days jail or 240 hours community service.	5 years if within 20 years of 1st conviction	Yes, after a year with ignition interlock device	Up to $2,500
Aggravated DUI (3rd offense)	Possible 3-7 years jail, mandatory 10 days or 480 hours of community service	Minimum 10 years	Yes, after one year. Ignition interlock device required	up to $25,000
Aggravated DUI (4th offense)	3-7 years in jail	Lifetime-that means no more driving, ever!	No	Up to $25,000
Driving Under the Extreme Influence (BAC .16) or higher	0-12 months	If over 21- minimum 1 year, If under 21-minimum 2 years	Yes, but ignition interlock device may be required.	$500-$2,500
Driving Under the Extreme Influence (2nd offense)	0-12 months, mandatory 7 days in jail if last offense was less than 5 years ago. If last offense was 6-10 years ago, the mandatory jail sentence is 2 days.	Minimum 5 years	Yes, after 1 year with ignition interlock device.	$1,250-$2,500
Driving Under the Extreme Influence (3rd offense)	Possible 3-7 years, mandatory 90 days Minimum 10 years	Minimum 10 years	Yes, after 1 year with ignition interlock device.	$2,500-$25,000
Driving Under the Extreme Influence (4th offense)	Possible 3-7 years, no probation or conditional discharge	lifetime	no	$2,500
DUI-Child endangerment (with child under the age of 16 in the car)	Mandatory 6 months in jail and 25 hours of community service	Minimum 1 year	Yes, ignition interlock device may be required.	$1,000-$2,500
DUI with Child Endangerment- 2nd offense (more than 10 years since 1st conviction)	0-12 months in jail, mandatory 6 months jail time and 140 hours community service	5 years	Yes, ignition interlock is required	$1,000-$2,500
DUI with Child Endangerment-2nd offense (less than 10 years since 1st conviction)	1-3 years in jail, with a mandatory sentence of 1 year in jail and 25 hours community service.	5 years	Yes ignition interlock is required	minimum $2,500

In addition to the penalties listed above, once you are charged with DUI you also face a statutory license suspension. This is separate from the criminal charges against you, and allows the state of Illinois to suspend your driver's license even before the case goes to court. Statutory summary suspension periods are 3 months for a first offense and 12 months for future offenses. While your license is suspended, you may be able to get a judicial driving permit (JDP) which allows limited driving privileges. To get your license back, you'll have to pay a reinstatement fee to the Secretary of State. The cost is $250 for the first offense, and $500 for repeat offenders. Also, DUI offenders must undergo a professional drug and alcohol review and complete all recommended treatment before they can get their driving privileges restored.

For first time offenders, the court has the ability to award court supervision instead of a conviction. This is done at the judge's discretion. Basically, court supervision is a second chance. The mandatory penalties listed above do not apply. Instead, the judge assigned to your case determines the sentence. Often, these sentences include community service and mandatory alcohol treatment, to give the offender a chance to turn his or her life around without getting a permanent criminal record. This is a once-in-a lifetime opportunity. If you get arrested for DUI again, you will not be given another chance to complete court supervision. According to statistics published in the Illinois Secretary of State's DUI Fact Book, approximately 78% of first-time DUI offenders were given court supervision.