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Illinois DUI Penalties

First Offense

A First DUI offense is a Class A Misdemeanor, punishable by jail time up to 364 days in the county jail, fines up to $2,500 and additional court costs.  A first offender is subject to Court Supervision which is a period of supervised release that, when completed satisfactorily, the charges are deemed dismissed and not a conviction.

Some first offender DUI cases can have more serious penalties:

  1. If the offender has a blood alcohol level of 0.16 or greater there is a mandatory 100 hours of community service and a minimum fine of $500.
  2. If there is a passenger in the vehicle that is under 16 years old then the offender is subject to either 6 months in jail or 25 days of community service in a program that benefits children, a minimum fine of $1,000 up to a maximum of $2,500.
  3. If there is a passenger in the vehicle that is under 16 years old and that passenger has bodily harm due to the incident, then the offense is a Class 4 felony punishable by 1 to 3 years in jail, a minimum fine of $2,500 to a maximum of $25,000, a mandatory minimum 10 days in jail or 480 hours of community service, and an additional 25 days of community service in a program that benefits children.
  4. If the offender’s license was suspended or revoked, or they had no license or insurance then the offense is a Class 4 felony punishable by 1 to 3 years in jail or probation up to 30 months and mandatory minimum of 10 days in jail or 480 hours of community service.
  5. If the offender was driving a school bus with a passenger under the age of 18 then the offense is a Class 4 felony punishable by 1 to 3 years in jail.
  6. If the offense occurred in a school zone with a speed limit of 20mph in effect and there was an accident with bodily harm, other than great bodily harm, then the offense is a Class 4 felony punishable by 1 to 3 years in jail or probation up to 30 months and mandatory minimum of 10 days in jail or 480 hours of community service.
  7. If the offense occurred and there was an accident causing great bodily harm, permanent disability or disfigurement, then the offense is a Class 4 felony punishable by 1 to 12 years in jail or probation up to 30 months and mandatory minimum of 10 days or 480 hours of community service and minimum fine of $2,500.

Second Offense

A second DUI offense is a Class A Misdemeanor, punishable by jail time up to 364 days in the county jail, fines up to $2,500 and additional court costs.  A second time offender is not eligible for court supervision, it is a mandatory conviction with a revocation of driving privileges.  There is a mandatory 5 days of jail or 240 hours of community service.

Some second offender DUI cases can have more serious penalties:

  1. If the offender has a prior reckless homicide then the offense is a Class 4 felony punishable by 1 to 3 years in jail.
  2. If the offender has a blood alcohol level of 0.16 or greater then add an additional 2 days in jail to the above penalty and a minimum fine of $1,250.
  3. If there is a passenger in the vehicle that is under 16 years old then the offense is a Class 2 felony punishable by 3 to 7 years in jail or probation up to 48 months and a minimum fine of $2,500 and an additional 25 days of community service in a program benefiting children and a mandatory 10 days in jail or 480 hours of community service.
  4. If there is an accident with great bodily harm, then the offense is a Class 4 felony punishable by 1 to 3 years in jail or probation up to 30 months, and a minimum fine of $5,000, and a mandatory 10 days in jail or 480 hours of community service.
  5. If there i san accident where any person received great bodily harm, disability or disfigurement, then the offense is a Class 4 felony punishable by 1 to 12 years in jail, and a minimum fine of $5,000, and an additional 25 days of community service in a program benefiting children, and a mandatory 10 days in jail or 480 hours of community service.
  6. If the offender’s license was suspended or revoked, or there was no insurance then the offense is a Class 4 felony punishable by 1 o 3 years in jail or probation up to 30 months, and a minimum fine of $5,000, and a mandatory 10 days in jail or 480 hours of community service.

Third Offense

A third DUI offense if a Class 2 felony, punishable by 3 to 7 years in a state penitentiary, probation up to 48 months fines up to $25,000 and additional court costs and a mandatory 10 days in jail or 480 hours of community service.

  1. If the offender has a blood alcohol level of 0.16 or greater then there is a mandatory 90 days in jail and a minimum fine of $2,500.
  2. If there is a passenger in the vehicle that is under 16 years old then there is a minimum fine of $25,000 and an additional 25 days of community service in a program benefiting children.
  3. If there is an accident where any person received great bodily harm, disability or disfigurement, then it is punishable by 1 to 12 years in jail or 480 hours of community service.

Fourth Offense

A fourth DUI offense is a non-probationable Class 2 felony, punishable by 3 to 7 years in the state penitentiary, fines up to $25,000 and additional court costs.

Some fourth offender DUI cases can have more serious penalties:

  1. If the offender has a blood alcohol level of 0.16 or greater then there is a minimum fine of $5,000.
  2. If there is a passenger in the vehicle that is under 16 years old then there is a minimum fine of $25,000 and an additional 25 days of community service in a program benefiting children.
  3. If there is an accident where any person received great bodily harm, disability or disfigurement, then it is punishable by 1 to 12 years in jail or 480 hours of community service.

Fifth Offense

A fifth DUI offense is a non-probationable Class 1 felony, punishable by 4 to 15 years in the state penitentiary, fines up to $25,000 and additional court costs.
Some fifth offender DUI cases can have a more serious penalties:

  1. If the offender has a blood alcohol level of 0.16 or greater then there is a minimum fine of $5,000.
  2. If there is a passenger in the vehicle that is under 16 years old then there is a minimum fine of $25,000 and an additional 25 days of community service in a program benefiting children.

Sixth Offense

A sixth DUI offense is a non-probationable Class X felony, punishable by 6 to 30 years in the state penitentiary, fines up to $25,000 and additional court costs.
Some sixth offender DUI cases can have a more serious penalties:

  1. If the offender has a blood alcohol level of 0.16 or greater then there is a minimum fine of $5,000.
  2. If there is a passenger in the vehicle that is under 16 years old then there is a minimum fine of $25,000 and an additional 25 days of community service in a program benefiting children
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