Rules of the Road

CHAPTER 6: DRIVING UNDER THE INFLUENCE (DUI)

Alcohol and driving do not mix. Alcohol is the number one killer on American roadways. Alcohol is a drug that affects your overall driving ability. It slows your reaction time so it takes longer to act in an emergency. It also affects your vision. Alcohol may make you overconfident and unable to concentrate well. Drivers who drink may make more mistakes. Alcohol affects your driving even if you are below the level of legal intoxication. Drinking even a small amount of alcohol increases your chances of having an accident. Do not drink and drive.

Blood Alcohol Concentration (BAC)  |   Other Drugs  |   DUI Laws  |   Drivers Under Age 21  |   DUI Prevention

Blood Alcohol Concentration (BAC)

Blood-alcohol concentration is a measurement of the amount of alcohol in your system based on a test of your breath, blood or urine. It is illegal to drive if your BAC is .08 percent or greater. However, you can be convicted of DUI if your BAC is less than .08 percent and your driving ability is impaired.

Your BAC can be affected by:

• the amount you drink – 12 ounces of beer, 5 ounces of wine or 1.5 ounces of “hard” liquor contain the same amount of alcohol.
• your body weight or size. Usually, heavier people have more blood and body fluids to dilute the alcohol.

Other factors affect your reaction to alcohol, including the food you have eaten, your tolerance of alcohol and any drugs you may have taken. Time is the only way to remove the effects of alcohol. Food, coffee and showers do not speed up the elimination of alcohol from your body.

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Other Drugs

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

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DUI Laws

Driving under the influence (DUI) is a serious offense that is classified in Illinois as a violent crime. If you are convicted of DUI, the offense will permanently remain on your driving record. If you are arrested and/or convicted, you may lose your driving privileges and vehicle registration, and be fined and/or imprisoned. Repeat arrests or convictions may 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 and held there until bond is posted. Your car may be impounded (towed) and forfeited.

Implied Consent Law
When driving on Illinois roadways, you automatically consent to submit to certain tests. These can include breath, blood and/or urine tests to determine if you were drinking or using any other drug or intoxicating compound 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 for driving with a BAC of .08 percent or more and/or any impairing drug in your system, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender within a five-year period, your privileges will be suspended for 12 months if you fail the test or 36 months if you refuse to test. A test refusal may be used as evidence against you in the DUI court case. At the time of arrest, the officer will take your license and, if valid, provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated.

DUI Conviction
In addition to a Statutory Summary Suspension, you may be convicted of driving under the influence of alcohol, other drugs and/or intoxicating compounds. 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 $2,500 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 five years. In addition to other fines and penalties, you will be sentenced to five days in jail or 30 days of community service. You also may be fined up to $2,500 and given a jail sentence of up to one year. A third conviction, which is a Class 2 felony, will result in the loss of your license for a minimum of 10 years, a possible 3-7 years imprisonment and fines of up to $25,000. A fourth or subsequent conviction will result in the loss of your license for life. A fifth DUI conviction is a Class 1 felony with possible imprisonment of 4-15 years and fines of up to $25,000. A sixth or subsequent DUI conviction is a Class X felony resulting in possible imprisonment of 6-30 years and fines of up to $25,000.

A person convicted of DUI with a BAC of .16 percent or greater or DUI at age 21 or over while transporting a child under age 16 is subject to enhanced penalties, including additional fines, community service and jail time.

A DUI also subjects you to filing Financial Responsibility Insurance (SR22) for three years. Before your driving privileges are restored, you must undergo an alcohol/drug evaluation and successfully complete a rehabilitation or alcohol/drug education program and/or meet other requirements.

Illegal Transportation of an Alcoholic Beverage Open Container
It is illegal for anyone to drink alcoholic beverages in a vehicle. Both driver and passengers may be issued a traffic citation. Passengers on chartered buses, motor homes, mini motor homes and limousines are exempt. It is illegal to have alcohol in the passenger area of a vehicle if the container has been opened. If there is a second offense within one year, your driver’s license will be suspended for one year. Any driver under age 21 also faces the loss of driving privileges for 12 months for the first conviction.

Aggravated DUI
You may be charged with Aggravated DUI if you are involved in a death or personal injury crash while driving under the influence; have received a third or subsequent DUI; committed DUI while driving a school bus with children; committed DUI without a valid driver’s license, permit or vehicle insurance; or received a DUI after a previous history of reckless homicide or Aggravated DUI involving a death. This is a Class 4 felony punishable by a possible 1-3 years imprisonment (1-12 years if a personal injury was involved), UNLESS the DUI is a third or fourth conviction, which is a Class 2 felony (3-7 years imprisonment); a fifth conviction, which is a Class 1 felony (4-15 years imprisonment); a sixth or subsequent conviction, which is a Class X felony (6-30 years imprisonment); OR the DUI involves a death, which is a Class 2 felony with 3-14 years imprisonment (if multiple deaths, 6-28 years). All felony fines are up to $25,000.

Driving on a Suspended or Revoked License (for DUI, Reckless Homicide, Leaving the Scene of a Fatal or Personal Injury Accident)
If you are convicted of driving while your license is revoked or suspended for the above incidences, the suspension or revocation period will be extended and your vehicle may be seized and sold at public auction. A first conviction is a Class A misdemeanor with possible imprisonment of up to one year, mandatory 10-day imprisonment or 30 days community service, and fines of up to $2,500. A second or third conviction is a Class 4 felony with possible 1-3 years imprisonment, minimum 30 days jail or 300 hours community service, and fines of up to $25,000. A fourth to ninth conviction is a Class 4 felony with possible 1-3 years imprisonment, minimum 180 days in jail and fines of up to $25,000. A 10th to 14th conviction is a Class 3 felony with possible 2-5 years imprisonment, not eligible for probation or conditional discharge, and fines of up to $25,000. A 15th or subsequent conviction is a Class 2 felony with possible 3-7 years imprisonment, not eligible for probation or conditional discharge, and fines of up to $25,000.

Allowing Someone Else Under the Influence to Drive Your Vehicle
It is illegal to allow someone to drive your vehicle if you know that person is under the influence. If convicted, you may be fined up to $2,500 and given a jail sentence of up to one year.

Providing Alcohol to a Person Under Age 21
If you are convicted of providing alcohol to a person under age 21, you may be fined up to $2,500 and given a jail sentence of up to one year, and/or your driving privileges may be suspended under the Illinois Liquor Control Act.

Illinois DUI laws are constantly changing. For the most up-to-date information, check the Driving Under the Influence section.

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Drivers Under 21

In Illinois, the minimum legal drinking age is 21. Licenses for drivers under age 21 are printed vertically with a distinctive color pattern across the front, “Under 21 Until (date)” is printed down the right side of the photo in red, and “Under 18 Until (date)” is printed down the right side of the photo in yellow.

If you are under age 21 and convicted of DUI you face the following penalties:

• Revocation of driving privileges for a minimum of two years. A second DUI conviction will result in a minimum five-year license revocation or until you reach age 21, whichever is longer. A third DUI conviction, which is a Class 2 felony, will result in a minimum 10-year revocation. A fourth DUI conviction will result in a lifetime revocation. Your license also will be suspended for conviction of illegal transportation or possession of alcohol. The Secretary of State’s office may issue you a Restricted Driving Permit (RDP)after one year and you may be required to have a breath interlock device (BAIID) installed as a condition of issuance, but under no conditions will an RDP be issued to anyone under age 16. The RDP may be used between 5 a.m. and 9 p.m. or as otherwise provided. It is valid for one year. You then would be evaluated again by the Secretary of State’s office.
• Fines of up to $2,500 and jail sentence of up to one year.
• Participation in a Youthful Intoxicated Driver’s Visitation Program.

If you are under age 21, are stopped and issued a citation for a traffic violation and found to have any trace of alcohol in your system while operating a motor vehicle, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender, your privileges will be suspended for 12 months if you fail or 24 months if you refuse to test. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated.

If your license was suspended prior to age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver’s license examination to be re-issued a driver’s license. It is at the discretion of the investigating officer and based on test results or a test refusal whether a traffic stop results in a Zero Tolerance, a DUI charge or both.

Any person under age 21 who is convicted of illegal consumption, purchase, possession or receiving alcohol as a gift will lose his/her driving privileges for one year. Any person who receives court supervision for any of these offenses will lose his/her driving privileges for three months.

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DUI Prevention

Driving under the influence can be prevented by doing the following:

• Do not drink and drive – If you drink alcohol, let a friend drive or call a cab.
• Wear your safety belt – It is your best defense in a DUI crash.
• Be a responsible host – Stop serving drinks early and don’t let intoxicated guests drive.
• Designate a driver – Have one person in your group refrain from drinking alcoholic beverages to ensure a safe trip home.
• Do not mix alcohol and other drugs – For example, one antihistamine with a drink may double the effects of both.
• Celebrate safely – Participate in community and school events for teens promoting alcohol and drug-free activities.

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This edition of the Illinois Rules of the Road is as accurate as possible at the time of publication. The manual gives drivers information on obtaining a driver’s license, driver’s license laws, traffic safety issues and general information regarding Illinois traffic laws and ordinances. The language of the Illinois Compiled Statutes is condensed and paraphrased and does not cover every law or explain every possible situation that motorists may face while operating a motor vehicle. The manual also provides highway safety information not in the law. It is intended as a tool for drivers and should not be cited as a legal authority in court.