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DUI law in Illinois
The criminal charge and your driving privileges are separate questions. Check both.
DUI law in Illinois concerns both the criminal charge and the right to drive. The applicable licence process depends on the alleged conduct, test result or refusal, and the notice or court order. A criminal court date is not a substitute for checking a separate licence deadline. The cited rules below identify what has been verified for this jurisdiction.
The two legal questions
The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.
Driving privileges
The licence case
- Forum
- The agency or court identified by the applicable licence proceeding
- Clock
- Check the applicable notice or order for the deadline and its starting event
- Deadline to request a hearing
- A written request for a judicial hearing may be made within 90 days after service of the statutory summary suspension or revocation notice under 625 ILCS 5/11-501.1.
- This is the circuit-court procedure under § 2-118.1(b), not a general deadline for all Illinois driver-license matters. The clock is tied to service of the notice, not simply to the arrest date.
- The hearing request or judicial proceeding does not stay or delay the statutory summary suspension or revocation.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Hearing procedure under the cited rule
- The request is made in writing to the circuit court of venue and must state the grounds for rescinding the statutory summary suspension or revocation.
- Section 2-118.1(b) provides this judicial hearing procedure for a notice served under § 11-501.1. It is not a Secretary of State administrative hearing request.
- The written request falls within the statute’s 90-day notice period. The hearing proceeds as a civil matter and does not stay or delay the suspension or revocation.
Criminal charge
The criminal case
- Forum
- A criminal court
- Clock
- Check court notices and orders; no case duration is predicted here
- Alcohol-concentration threshold
- 0.08 or more alcohol concentration, using the blood and breath units defined by § 11-501.2.
- Applies while driving or in actual physical control of a vehicle. The statute separately prohibits driving under the influence; this is not a safe-driving threshold.
- First-offense penalty rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.
- Lookback period
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Alcohol-concentration thresholds in Illinois
The cited provision controls the threshold’s scope. Underage and commercial rules can concern licensing as well as criminal liability; they are not all the same offense.
- Standard drivers
- 0.08 or more alcohol concentration, using the blood and breath units defined by § 11-501.2.
- Applies while driving or in actual physical control of a vehicle. The statute separately prohibits driving under the influence; this is not a safe-driving threshold.
- Operating a commercial motor vehicle
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Under-21 rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Illinois in detail
8 further Illinois topics — interlock, hardship licences, drug DUI, felony DUI, underage, commercial drivers, checkpoints and record relief — are part of the approved taxonomy and are not built yet.