Illinois DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Illinois, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Illinois DUI At a Glance
First Offense DUI in Illinois
Up to 1 year jail, $2,500 fine, 1-year revocation
Illinois has statutory summary suspension for refusal of testing
Second Offense DUI in Illinois
Mandatory 5 days jail or 240 hrs community service, $2,500 fine, 5-year revocation
When Does a DUI Become a Felony in Illinois?
In Illinois, a DUI typically becomes a felony charge at the 3rd offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Illinois DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Illinois
Illinois, like all U.S. states, has an implied consent law. By driving on Illinois roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Illinois
Different states use different terminology. Illinois uses DWI (Driving While Intoxicated) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Illinois
If you are facing a DUI charge in Illinois, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension