Aggravated DUI
A third or subsequent DUI conviction; a DUI while driving a school bus carrying children; a DUI resulting in great bodily harm, permanent disability or disfigurement; a DUI without a license or permit; a DUI with no proof of insurance; or a DUI after a prior conviction of reckless homicide or Aggravated DUI resulting in one or more details.
Aggravated DUI Involving a Death
A DUI resulting in one or more deaths.
- Class 2 felony with possible imprisonment of three-14 years and fines of up to $25,000.
- Possible 6-28 years imprisonment for multiple fatalities.
- Minimum 2-year revocation of driving privileges.
Reckless Homicide (DUI)
A DUI resulting in the loss of life.
- Class 2 felony with possible 3-14 years imprisonment; fines of up to $25,000.
- Possible 6-28 years imprisonment for multiple fatalities.
- Minimum 2-year revocation of driving privileges.
Possession of Drugs in a Vehicle
Illegal possession of a controlled substance or cannabis by a driver; violations must be entered in court records and reported to the Secretary of State.
- 1-year suspension of driving privileges for a first conviction.
- 5-year suspension of driving privileges for a second conviction within 5 years.
Knowingly Permitting a Driver Under the Influence to Operate a Vehicle
- Class Amisdemeanor with possible 0-12 months imprisonment and fines of up to $2,500.
Driving on a Suspended or Revoked License
- First conviction — Class A misdemeanor with possible 0-12 months imprisonment; mandatory 10-day imprisonment or 30 days communityservice; fines of up to $2,500; loss of driving privileges for double the originalsuspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.
- Second conviction — Class 4 felony with possible 1-3 years imprisonment; minimum 30 days in jail or 300 hours community service; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.
- Third conviction — Class 4 felony with possible 1-3 years imprisonment; minimum 30 days in jail or 300 hours community service; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.
- Fourth-ninth conviction — Class 4 felony with possible 1-3 years imprisonment; minimum 180 days in jail; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.
- 10th-14th conviction — Class 3 felony with possible 2-5 years imprisonment; not eligible for probation or conditional discharge; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.
- 15th or subsequent conviction — Class 2 felony with possible 3-7 years imprisonment; not eligible for probation or conditional discharge; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.
Dram Shop
An employee or owner of an establishment may be held liable for a crash resulting from the unlawful selling, giving or delivery of alcohol in that establishment to a minor, intoxicated person or person known to be under legal disability or in need of mental treatment.
- Liability is limited to $50,467 for property damage or personal injury.
- Liability extends to $61,682 for a loss of means of support due to death or injury.
Illegal Transportation/Open Container
Transporting, carrying, possessing or having any alcoholic beverages in the passenger compartment of a motor vehicle, except in the original container with the seal unbroken, is illegal. Exceptions to the law are limousines, motor homes,
mini motor homes and chartered buses not hired for school purposes.
- Maximum $1,000 fine and a point-assigned violation on the driver's record.
- 1-year driver's license suspension or revocation for a second conviction within 12 months.
- Mandatory 1-year license suspension for an offender under age 21 for a first offense, and mandatory license revocation for a second offense.
Fraudulent IDs and Driver’s Licenses
It is illegal to assist in obtaining or to fraudulently obtain, distribute, use or possess a fictitious or fraudulent state ID card or driver's license.The Secretary of State has the authority to suspend (up to 12 months) or revoke driving privileges prior to a conviction for anyone involved in the following offenses:
Class A misdemeanors (subsequent offenses are Class 4 felonies)
- Possessing, attempting to obtain or assisting another in obtaining a fictitious driver's license or permit.
- Allowing another person to use your license or permit.
- Displaying or representing as one's own any license or permit issued to someone else.
- Allowing any unlawful use of one's license or permit.
Class 4 felonies (subsequent offenses may be Class 3 felonies)
- Possessing, attempting to obtain or assisting another in obtaining a fraudulent license or permit.
- Issuing or assisting in the issuance of a fictitious driver's license.
- Manufacturing, possessing or providing any document for the purpose of obtaining a fictitious license.
- Possessing a driver's license-making or permit-making implement.
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