DUI (Driving under the influence) of either alcohol or drugs is one of the most serious offenses for a motorist in Illinois. That did not stop the 37,126 arrests in 2012 for DUI or for refusing the breathalyzer test according to the Secretary of State’s office.
How is a DUI defined?
Failure of chemical testing means a person’s blood alcohol content (BAC) was .08 or more or the test showed a trace of other drugs. If an Illinois driver refuses to submit to chemical testing in another state, his/her driving privileges will be suspended. A statutory summary suspension does not apply to a person with a BAC of less than .08. If a person has a BAC of 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 receive a DUI your driving privileges will almost definitely be suspended. In fact, 93% of all drivers with a DUI conviction received a Statutory Summary Suspension.
Monitoring Device Driving Permit (MDDP)
- A first-time DUI offender may obtain an MDDP from the Secretary of State to allow unlimited driving during the statutory summary suspension. (A first-time offender is a driver who has not received a previous statutory summary suspension in the past five years, been convicted of DUI or assigned court supervision for DUI in Illinois, or been convicted of DUI in another state within 5 years.)
- An offender must have a Breath Alcohol Ignition Interlock Device (BAIID) installed and maintained on any vehicle driven during the suspension period. An offender may drive anywhere at any time once the permit is issued and the BAIID installed.
Restricted Driving Permit (RDP)
- If eligible, a person convicted of DUI may apply to the Secretary of State’s office for an RDP.
- A multiple offender is not eligible for an RDP during the statutory summary suspension period.
For drivers under 21 there is Zero Tolerance.
- First offense suspension of driving privileges for 3 months for a BAC of more than .00; suspension of driving privileges for 6 months for refusal to submit to or failure to complete testing.
- Second offense suspension of driving privileges for 1 year for a BAC of more than .00; suspension of driving privileges for 2 years for refusal to submit to or failure to complete testing.
Penalties for DUI
The penalties for a DUI conviction are severe:
- A First Conviction is a Class A misdemeanor with a minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); suspension of vehicle registration.
- Second Conviction is a Class A misdemeanor with mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; suspension of vehicle registration.
- Third Conviction (Aggravated DUI) is a Class 2 felony; revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration.
Driving privileges may be reinstated at the end of the statutory summary suspension period. Before driving privileges can be reinstated:
- Other suspensions or revocations on the driving record must be cleared.
- A $250 reinstatement fee must be paid to the Secretary of State,
- If a repeat offender, a $500 reinstatement fee must be paid to the Secretary of State’s office.
Proof of financial responsibility and minimum liability insurance is required before reinstatement or issuance of an RDP. Insurance must be submitted on an SR-22 certificate for a minimum of three years.
If you need SR22 because of a DUI, Active Insurance can help you.
For more information about DUI in Illinois there is a DUI Fact book from the Secretary of State’s office.