Illinois DUI/DWI Law

Driving Under the Influence” is defined as operating a motor vehicle while impaired by alcohol, other drugs, including cannabis (marijuana) prescribed for medical purposes, or intoxicating compounds and methamphetamine. In Illinois, you are legally considered to be under the influence if you: (1) have a blood-alcohol content (BAC) of .08% or more; (2) have a tetrahydrocannabinol (cannabis) concentration (THC) of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance; (3) have used any other controlled substance; or (4) are impaired by medication.

Overview Illinois Drunk Driving Laws:

1. Blood Alcohol Concentration (BAC) Limits:
– For drivers aged 21 and over: BAC limit of 0.08% or higher.
– For drivers under the age of 21: Zero tolerance policy with a BAC limit of 0.00% or higher.

2. Driving Under the Influence (DUI):
– A first-time DUI offense can result in fines, license suspension, mandatory alcohol education programs, potential jail time, and ignition interlock requirements.

 

A statutory summary suspension is the automatic suspension of your driving privileges resulting in a DUI arrest for failing, refusing to submit to, or failing to complete chemical testing. Failure of chemical testing means you have a BAC of .08% or more, a THC of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance, or a trace of other drugs. Statutory summary suspensions are automatic and effective on the 46th day from the date of your suspension notice. This suspension does not replace criminal penalties for a DUI conviction. You may request a judicial hearing to challenge the arrest; however, the request does not stop your suspension from taking effect.

If you refuse to submit to chemical testing in another state, your driving privileges will be suspended. A statutory summary suspension does not apply if your BAC is less than .08%. A statutory summary suspension does not apply if you have a THC of less than either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance unless you are a CDL holder. If your BAC is more than .05% and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply. If you are a commercial driver’s license holder and receive a statutory summary suspension, your CDL privileges will be disqualified for one year for a first offense; a lifetime disqualification applies for a second offense.

Suppose you are convicted of DUI and your driving privileges were suspended because of a statutory summary suspension. In that case, you will have that time credited to the minimum period of revocation of driving privileges. The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the statutory summary suspension penalties, which is the administrative process. For more information on the criminal penalties for a DUI conviction.

A law enforcement officer is required to request a chemical test when there is probable cause to suspect DUI is a factor when a crash results in personal injury or death. If you refuse to submit to such testing, your driving privileges will be revoked for a minimum of one year.

If you are subject to chemical testing, you may be liable for the medical costs associated with the blood test (up to $500) if you are consequently convicted of DUI.

Your driver’s license may be subject to multiple suspensions or revocations simultaneously. No single suspension or revocation serves to negate, invalidate, cancel, postpone or lessen the effect of any other suspension or revocation.