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Illinois DUI Laws

DUI Defense in Illinois

Statutes, Penalties, and Defense Strategies

What you are facing, the deadlines that bind you, and the questions an attorney needs to answer — under Illinois (IL) DUI law.

BAC Limit

0.08

Enhanced BAC

0.16

Higher penalties above this

Lookback Period

Lifetime (for Secretary of State records)

Prior offenses count within

⚠

46 days (petition for hearing)-Day DMV Hearing Deadline

Illinois gives you 46 days (petition for hearing) days from the arrest to ask for a DMV hearing. This is the

administrative hearing

Plain language

A DMV review of the license suspension — separate from the criminal court case, with its own paperwork and deadline.

that decides the license suspension. Miss the deadline and the suspension starts on its own, even if the criminal case ends in dismissal later.

First Offense Penalties in Illinois

Jail TimeUp to 1 year
FinesUp to $2,500
License Suspension6 months (12 months if test refused)
Ignition Interlock

Plain language

A breath-tester wired into the car ignition. The car will not start without a clean sample.

Available as alternative to full suspension (MDDP program)

Implied Consent and Test Refusal

Illinois has an

implied consent law

Plain language

By driving on the state's roads, you have already agreed to a chemical test if an officer has probable cause to think you are impaired.

like every state. The test can be breath, blood, or urine. Refusing carries its own penalty, listed below.

Refusal Penalty

12-month license suspension

Illinois-Specific Detail

Illinois offers a Monitoring Device Driving Permit (MDDP) that allows driving with an IID during the suspension period. This is one of the more favorable IID programs in the country.

Is your Illinois DUI defense on track?

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DUI Defense Playbook — $127

26 questions that change how your next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download — calibrated for Illinois DUI defendants.

Get the DUI Playbook — $127Read the Free DUI Guide

Other Illinois defense topics

Facing a different charge in Illinois? Penalty ranges, enhancements, and defense questions for related crimes:

Drug Possession in IllinoisAssault in IllinoisDomestic Violence in Illinois

Important: This page provides general legal information about Illinois DUI laws as of the date of publication. Laws change frequently. This is not legal advice. For guidance specific to your case, speaking with a Illinois-licensed attorney is one option, or take the free Masked Researcher’s First Read to see where your case stands.