Implied Consent Law is applicable in the state of Illinois also, as per which you may have to face certain Illinois drunk driving penalties if you refuse to take chemical test when you are stopped by a police officer with a suspicion of drunk driving. The first time refusal to chemical test will result in driving license suspension for one year. However, you may be able to get some driving relief and obtain a restricted license after thirty-days of suspension. A second time refusal to chemical testing will result in three years of license suspension with no option to get driving relief.
First Dui Conviction In Illinois
The following Illinois drunk driving penalties are awarded to those who get convicted for the first time in a dui case in this state.
- If there was a child under sixteen years of age in the vehicle while the convict faced the dui arrest, it will be legally mandatory for him/her to participate in community service for a minimum period of twenty-five days.
- For those with BAC level of more than 0.16, the mandatory participation in community service is for at least 100 hours.
- The court will order to suspend your vehicle registration.
- It is also very much likely that you will be ordered to get a BAIID (breath alcohol ignition interlock device) installed in all your vehicles.
- Your driving license will be suspended for at least twelve months.
- You will also have to pay the basic monetary of up to $2500. Besides that, you may also be charged an additional penalty of at least $1000 (no maximum limit specified) if you were caught driving under the influence while there was a child under 16 in the vehicle. Those who are convicted for driving with a BAC level of more than 0.16 will also have to pay an additional penalty of at least $500 (no maximum limit specified)
- In cases where a child under 16 was in the vehicle, the maximum jail imprisonment period is one and a half year. If not, the dui offenders can be sent to jail for up to twelve months. It is important to note that jail imprisonment is not mandatory. In most cases, the court does not award jail punishment for the first-time dui offenders unless the offence is a very serious one (involving serious injuries or death)
Second Dui Conviction In Illinois
The second-time dui conviction results in the following Illinois drunk driving penalties.
- If you get convicted for a second time in a dui case in the state of Illinois while there was an under-16 child in the vehicle, you will again have to participate in community service for at least twenty-five days. However, there is no compulsory community service participation for other drivers.
- Your vehicle registration will be suspended.
- If the second conviction has occurred within twenty years of the previous conviction, your driving license will also face a suspension for at least five years.
- Up to $2,500 will be charged as the basic monetary fine. If there was a child under 16 in the vehicle at the time of the arrest, the second dui offence will be considered as Felony Aggravated DUI and an additional up to $25,000 penalty may also apply. For those driving with a BAC level above 0.16, the additional penalty is a minimum $1250.
Third Dui Conviction In Illinois
You will face the following Illinois drunk driving penalties if you are convicted in a dui case for a third time. For adults, a third conviction is treated as a Class 2 felony.
- Mandatory suspension of your vehicle registration.
- At least twenty-five days of community service, if the convict was caught driving under the influence with a child under sixteen years of age in the vehicle.
- Your driving license will be suspended for a minimum period of ten years.
- The basic monetary fine is again a maximum of $2500. But, if a child under 16 was in the vehicle, you will also face an additional monetary fine of at least $25000 (which is mandatory). For those who are caught driving with a BAC level of above 0.16, the additional penalty is at least $2500.
- You are also likely to be sent to jail for a minimum period of three years. The maximum jail imprisonment period can be seven years. if a children under 16 was in the vehicle, you may have to face an additional jail term for one to three years; those with BAC level of above 0.16 may face an additional jail term for a period of at least 90 days (which is mandatory).
Fourth Dui Conviction In Illinois
The following Illinois drunk driving penalties apply for a fourth time conviction.
- If you were driving while a child under 16 was also in your vehicle, you will have to participate in specific community service that benefits children for a minimum period of twenty-five days. Besides that, an additional $25000 of mandatory monetary fine will also apply.
- Those convicted for driving with a blood alcohol content level of above 0.16 will face an additional monetary fine of at least $5000 (mandatory)
- The basic monetary fine can be up to $25000.
- You are also likely to be sent to jail for a period ranging from three to seven years.
- Your vehicle registration will be suspended.
Fifth And Sixth Dui Conviction In Illinois
The Illinois drunk driving penalties for a fifth and sixth time conviction remains the same as in the fourth conviction (as discussed above); the only exception is the period for jail imprisonment. For a fifth conviction, the jail imprisonment period can range from four to fifteen years. For a sixth time conviction, you may be sent to jail for a period of six to thirty years.