Illinois DUI Penalties
Implied Consent Laws
Laws call for drivers alleged of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include compulsory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Illinois, any driver with a blood-alcohol concentration - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this proof is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Illinois, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or over are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more difficult punishment for those convicted of DUI with a predominantly high blood-alcohol content at the time of arrest; this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Illinois.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Illinois’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Illinois, for the first DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The penalty of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a risk in some states, generally for repeat offenders. This is not a penalty option in Illinois.
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Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s car and requires the driver to do a breath-test before the vehicle will start. While this penalty for DUI conviction is a likelihood in some states, this is not an choice in Illinois.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, treatment for alcohol abuse, and appraisal of a person for possible alcohol or drug reliance can be required for DUI offenders in Illinois. These steps are often suggested instead of serving a sentence of incarceration or paying fines.
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