Illinois DUI Laws: Penalties, BAC Limit & License (2026)

In Illinois the offense is called driving under the influence (DUI), and 625 ILCS 5/11-501 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $2,500, and a conviction triggers a license revocation of at least one year.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Illinois

Illinois's core impaired-driving statute, 625 ILCS 5/11-501, makes it unlawful to drive or be in actual physical control of a vehicle with a BAC of 0.08 percent or more, or while under the influence of alcohol, drugs, or an intoxicating compound to a degree that renders the person incapable of driving safely. Because the impairment branch does not require a specific number, a driver below 0.08 can still be convicted. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the state's zero-tolerance law in 625 ILCS 5/11-501.8, which suspends the license of any underage driver who registers an alcohol concentration of more than 0.00. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes. A BAC of 0.16 percent or more adds mandatory penalties on top of the base first-offense sentence.

First-offense DUI penalties in Illinois (jail, fines, suspension)

A first DUI is a Class A misdemeanor under 625 ILCS 5/11-501(c), punishable by up to one year in jail and a fine of up to $2,500, with no mandatory minimum jail for a standard first offense. If the driver's BAC was 0.16 percent or more, the statute adds a mandatory minimum $500 fine and 100 hours of community service. A first offender who meets the criteria may receive court supervision, a disposition that, if completed successfully, avoids a conviction on the record, though it is available only for a first DUI with no death or serious injury. A conviction, by contrast, requires the Secretary of State to revoke the driver's license under 625 ILCS 5/6-205(a)(2), and the driver may not apply for a new license until at least one year after the revocation takes effect under 625 ILCS 5/6-208(b)(1)(A). Court costs and reinstatement fees apply on top of the fine.

Watch out: The statutory summary suspension and the criminal DUI case run on separate tracks. The Secretary of State suspends your license based on the test result even if the criminal charge is later reduced or dismissed, and you generally must file to challenge the summary suspension before it takes effect on the 46th day after notice.

Ignition interlock requirements in Illinois

Illinois ties its interlock rules to the summary suspension through the Monitoring Device Driving Permit (MDDP). A first offender whose license is under a statutory summary suspension may apply for an MDDP, which lets the person drive anywhere, anytime, provided every vehicle the person drives is equipped with a Breath Alcohol Ignition Interlock Device (BAIID). The device requires a breath sample before the engine starts and at random intervals during a trip, and it records every reading for the Secretary of State. The MDDP is available to first offenders who had no DUI disposition in the prior five years and whose offense did not involve a death or serious injury. Repeat offenders generally cannot get an MDDP and instead face a longer Restricted Driving Permit process that also requires a BAIID. The driver pays for installation and monthly monitoring.

License suspension and the statutory summary suspension in Illinois

Illinois runs two systems at once. The statutory summary suspension under 625 ILCS 5/11-501.1 is an automatic administrative action by the Secretary of State based on the test result, independent of the criminal court outcome. For a first offender, failing the chemical test (0.08 percent or more) brings a six-month suspension, and refusing the test brings a 12-month suspension; the suspension takes effect on the 46th day after the notice of suspension. A repeat offender faces longer summary suspensions. Separately, a criminal DUI conviction requires the Secretary of State to revoke the license under 625 ILCS 5/6-205(a)(2), with at least one year before the driver may apply for a new license under 625 ILCS 5/6-208(b)(1)(A), and because a revocation is not a fixed term, the driver must apply for reinstatement and prove fitness to drive rather than simply waiting it out.

Repeat offenses and the Illinois look-back period

Illinois treats prior DUIs harshly because, for criminal felony enhancement, there is no washout period: prior DUI dispositions count for life under 625 ILCS 5/11-501. The five-year window in Illinois matters mainly for first-offender benefits like court supervision and the MDDP, not for counting priors. A second DUI is a Class A misdemeanor with a mandatory minimum five days in jail or 240 hours of community service, and it triggers a five-year revocation. The felony threshold sits at the third offense: a third DUI is aggravated DUI, a Class 2 felony, and the conviction brings a 10-year revocation. A DUI that causes great bodily harm or permanent disability is a Class 4 felony aggravated DUI, but 625 ILCS 5/11-501(d)(2)(F) provides that a defendant sentenced to a term of imprisonment for that offense shall be sentenced to not less than one year nor more than 12 years, well beyond the ordinary Class 4 range. A DUI causing death is a Class 2 felony, and both apply regardless of offense number.

Watch out: Refusing the chemical test does not protect your license. A first refusal triggers a 12-month statutory summary suspension, twice the six-month suspension for failing the test, and a driver who refuses generally is still eligible for an MDDP only under the suspension that the refusal creates.

Refusing a breath or blood test in Illinois

Illinois's implied consent law, in 625 ILCS 5/11-501.1, provides that by driving in the state you have agreed to chemical testing of breath, blood, or urine if lawfully arrested for DUI. Refusing the test triggers a 12-month statutory summary suspension on a first offense, twice the six-month suspension that follows failing the test, and a three-year suspension for a repeat refusal. The refusal can also be introduced as evidence in the criminal case. Because the refusal suspension is longer, refusing usually makes the license consequences worse, not better. The driver may challenge the summary suspension by filing a petition to rescind, which the court must hear within 30 days or at the first court date.

Can you expunge or seal a DUI in Illinois

Illinois does not allow a DUI conviction to be expunged or sealed. Under the state's expungement and sealing law, a DUI is specifically carved out, so a conviction stays on the criminal record and on the Secretary of State driving record permanently, and it cannot be removed even if it was later reduced. Court supervision, while it avoids a conviction, also cannot be expunged for a DUI; supervision for a DUI remains on the driving record for life and counts against first-offender eligibility in the future. The only records that can be cleared are arrests or charges that did not lead to a conviction or supervision, such as a DUI that was dismissed or resulted in an acquittal. Anyone seeking to clear a non-conviction DUI record should confirm eligibility with the circuit court.

What to do after a DUI arrest in Illinois

An Illinois DUI creates two separate matters: a criminal case in the circuit court and an administrative license case with the Secretary of State. The deadlines are short, so a common first step is to file a petition to rescind the statutory summary suspension before it takes effect on the 46th day after notice, because the suspension is automatic otherwise. The criminal case proceeds on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the facts, the evidence, and your record. Before the suspension takes effect on the 46th day, get a free consultation from an Illinois DUI attorney on the petition to rescind and the criminal case (attorney advertising). Keep the arrest paperwork, the notice of summary suspension, and any test results in a safe place.

More Illinois Laws

• Illinois Expungement Laws
• Illinois Warrant Search

Frequently Asked Questions

What is the BAC limit in Illinois?

The per se limit is 0.08 percent BAC under 625 ILCS 5/11-501. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance rule under 625 ILCS 5/11-501.8 that suspends the license for an alcohol concentration of more than 0.00. A BAC of 0.16 percent or more adds mandatory penalties.

How long do you lose your license for a first DUI in Illinois?

A first DUI conviction triggers a license revocation of at least one year. Separately, the statutory summary suspension runs six months if you failed the test or 12 months if you refused it, taking effect on the 46th day after the arrest notice.

Is a first DUI a felony in Illinois?

No. A first DUI is a Class A misdemeanor. DUI becomes a Class 2 felony (aggravated DUI) on the third offense, and a DUI causing great bodily harm is a Class 4 felony carrying one to 12 years in prison if a prison term is imposed, while a DUI causing death is a Class 2 felony, regardless of offense number.

Do you need an interlock for a first DUI in Illinois?

To drive during the summary suspension, a first offender obtains a Monitoring Device Driving Permit (MDDP), which requires a Breath Alcohol Ignition Interlock Device (BAIID) on every vehicle the person drives. A first offender who chooses not to drive during the suspension is not forced to install one.

What happens if you refuse a breathalyzer in Illinois?

Under implied consent, refusing the test triggers a 12-month statutory summary suspension on a first offense, twice the six-month suspension for failing the test. The refusal can also be used as evidence in the criminal case.

How long does a DUI stay on your record in Illinois?

A DUI conviction stays on your criminal record and driving record permanently because Illinois does not allow DUI convictions to be expunged or sealed. For felony enhancement, prior DUI dispositions count for life with no washout period.

Can you get a DUI expunged in Illinois?

No. Illinois law carves DUI out of expungement and sealing, so a DUI conviction or DUI court supervision cannot be cleared. Only a DUI that was dismissed or ended in an acquittal, without a conviction or supervision, may be eligible to expunge.

What is the look-back period for DUI in Illinois?

For felony enhancement there is no washout period, so prior DUI dispositions count for life under 625 ILCS 5/11-501. A five-year window matters mainly for first-offender benefits such as court supervision and the MDDP.