Illinois State Laws and Requirements

Illinois DUI Classification

The Illinois MVD classifies DUIs by blood alcohol concentration (BAC) and the specific circumstances of your offense.

There are now three levels of DUI:

• General Impairment (.08 BAC)
• If you are driving with a BAC between 0.05% and 0.08%, you may still be cited for a DUI if your behavior suggests you are impaired

In Illinois, a DUI (driving under the influence) offense covers all types of impaired driving, from driving drunk to driving while under the influence of drugs (whether prescribed, abused, or illegal). Illinois has an aggressive anti-DUI program.

If you haven't already familiarized yourself with Illinois' DUI laws, consider reading the Secretary of State's very informative DUI Fact Book.

FORMAL/INFORMAL HEARING
The process of restoring your driver’s license in Illinois depends entirely on the outcome of your hearing – the SOS requires either an informal or formal hearing for all Illinois drivers facing license suspension. For a first offense, this hearing can be conducted by visiting a hearing officer. A hearing will result in either the restoration of your driving privileges, the granting of a restricted driver permit or the denial of your driving privileges.

Criminal penalties may include:

• A maximum of 6 months in prison
• A minimum fine of $1,000
• A 1-year driver’s license revocation
• Attending a Drug and/or Alcohol program

STATUTORY SUMMARY SUSPENSION
A driver arrested for DUI, who fails, refuses to submit, or fails to complete chemical testing following a charge of DUI is subject to a Statutory Summary Suspension of their driving privilege. This suspension is an administrative action against your license and is separate from any criminal action, which may be taken by the courts.

RELIEF DURING SUSPENSION PERIODS
A First Offender as defined by Illinois law may be eligible for a Monitoring Device Driving Permit (MDDP) which will allow the driver to legally operate a vehicle equipped with an approved Breath Alcohol Ignition Interlock Device (BAIID).

Applying for a MDDP

• You will receive an application for the MDDP in the mail. You must complete the application and forward it to the Secretary of State's office
• After a complete review of the application, the Secretary of State's office will notify you of our required fees and issuance of MDDP
• Once the MDDP is issued, you have 14 days to have a BAIID installed on all vehicles you wish to drive during the suspension period. It is your responsibility to contact an approved vendor

A Multiple Offender as defined by Illinois law, may be eligible for a Restricted Driving Permit (RDP) which will allow the driver to legally operate a vehicle equipped with an approved Breath Alcohol Ignition Interlock Device (BAIID).

Applying for a RDP

• To obtain an RDP, the offender must prove a hardship exists, provide a current professional alcohol/drug evaluation and, when appropriate, provide proof of remedial education or treatment
• An offender must appear before a hearing officer in the Secretary of State's Department of Administrative Hearings. The driving record is reviewed to ensure that the driver would not threaten public safety if allowed to drive on a limited basis
• An offender with two or more alcohol-related driving incidents on his/her driving record is required to have a BAIID installed on his/her vehicle for the duration of the RDP. The offender is responsible for all costs associated with the BAIID during this period
• An offender requesting a formal hearing for an RDP or reinstatement of his/her driving privileges will be charged a $50 nonrefundable filing fee when requesting the formal hearing
• A driver under age 16 whose driving privileges are revoked is not eligible for an RDP