DUI.lawDUI.law

The criminal case

DUI penalties in Illinois

The offense, qualifying priors and statutory conditions matter—not just an arrest count.

DUI penalties in Illinois depend on the charged offense and its statutory conditions. Prior convictions, their dates, and aggravating factors may change the applicable rule. An arrest count alone does not establish the offense tier, and a minimum sentence is not the complete sentencing range. The cited rules below are not predictions of a particular case’s outcome.

The lookback period

How far back priors count
Not published yet. We show a figure only once it has been confirmed against the official source and dated.This varies widely between states — from a few years to a lifetime — so it is not safe to assume a national figure.

Penalty rules by offense number

First offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Second offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Third offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Driving privileges, ignition interlock and insurance requirements need separate review under their own rules. A commercial-driving restriction may have different triggers from a restriction on an ordinary licence. No consequence is assumed merely because it appears in this list.

Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

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.
Verified 625 ILCS 5/2-118.1Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

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.
Verified 625 ILCS 5/11-501Official source (opens in a new tab)
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.