Illinois Driving Under The Influence (DUI) Laws

Driving under the influence (DUI) is a very serious offense. If arrested and/or convicted, a driver privileges and also may be fined and/or imprisoned. Repeat arrests or convictions my result in greater penalties.

Arrest and conviction for DUI can be embarrassing, costly and inconvenient. If arrested, you will be taken to a police station or county jail. You will be held there until bond is posted. Your car may be towed at your expense, and legal fees can run thousands of dollars.

*Implied Consent Law: When driving on Illinois roadways, you automatically give your consent to submit to certain tests following arrest for DUI. These can include breath, blood and/or urine tests to determine if you were drinking or using any other drug before or while driving. A doctor or registered nurse must perform the blood test. You may have a qualified person of your own choosing administer more tests at your own expense.

*Statutory Summary Suspension Law: If you are arrested and found to have a BAC of .08 percent or more and/or any trace of a controlled drug substance or cannabis (marijuana) in your body while operating a motor vehicle, your driving privileges will be suspended for at least three months. If you refuse to submit to testing, your driving privileges will be suspended for at least six months. If you are a second offender within a five-year period, your privileges will be suspended for at least 12 months if you fail or 24 months if you refuse the test.

*DUI Conviction: In addition to a Statutory Summary Suspension, you may be convicted of driving under the influence of alcohol and/or other drugs. The first DUI conviction will result in the loss of your license for a minimum of one year. You also may be fined up to $1000 and given a jail sentence of up to one year. If you are convicted of a second DUI offense within 20 years, you will lose your license for a minimum of three years.

A DUI also will subject you to high-risk auto insurance rates for three years. Before your driving privileges are restored, you will be required to undergo an alcohol and drug evaluation and successfully complete rehabilitation or an alcohol and drug education program and/or meet other requirements.

Other Drugs

In addition to alcohol, many other prescription and nonprescription drugs impair safe driving. Some of these drugs are: antihistamines, cold remedies, pain relievers and mood changing drugs. Others are marijuana, hashish, LSD, heroin, cocaine, morphine and amphetamines (pep pills). Mixing even small amounts of alcohol with other drugs is very dangerous. It is also illegal to operate a motor vehicle on Illinois highways with any trace of a controlled drug substance or cannabis (marijuana) in your blood.