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      Illinois State Laws and IID Requirements

      Illinois has strict laws for DUI offenders. Any driver found to have a blood alcohol content (BAC) at .08 percent or higher is considered to be driving under the influence. The legal BAC limit in Illinois is .08 percent, and drivers who have a BAC of .16, twice the legal limit, are treated even more strictly. First-time offenders who are convicted of DUI in Illinois will have their driving privileges revoked for at least one year, and two years if they are under the legal drinking age of 21. Their vehicle’s registration will also be suspended. First-time offenders in Illinois are required to install a breath alcohol ignition interlock device (BAIID) that includes a camera. BAIIDs are also often referred to as ignition interlock devices (IID) or car breathalyzers. They prevent drivers from starting their car with alcohol in their system. Illinois drivers must install a BAIID from an approved provider if they wish to regain their driving privileges. Some offenders are able to get restricted driving privileges with a Monitoring Device Driving Permit (MDDP). All first-time offenders are also required to have an IID for a year following their license suspension. With an IID, offenders may be able to regain their driving privileges faster, as the devices prevent drivers from starting their car with alcohol in their system.

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      What are the Penalties for DUI in Illinois?

      Illinois has a variety of penalties for DUI offenders. They include administrative penalties as well as financial penalties, and in some cases jail time is also required.

      First Offense

      • One year driver’s license revocation (two years if the driver was under 21)
      • Vehicle registration suspended
      • Required to install an IID with a camera
      • If the offender's blood alcohol content was above .16, a mandatory minimum fine of $500 and 100 hours of community service are required
      There are harsher penalties for first-time offenders depending on the circumstances of the incident. If a minor under 16 is a passenger, penalties in this instance include up to six months in jail, a mandatory fine of $1,000, and 25 hours of community service that specifically benefits children. Other criminal or administrative penalties may be instituted as well.

      Second Offense

      • If the offense is within 20 years of a previous DUI offense, driving privileges are revoked for five years
      • Vehicle registration suspended
      • 240 hours of community service or mandatory imprisonment for five days
      • Required to install an IID with a camera
      • If offender has a blood alcohol content greater than .16 percent, additional penalties including a $1,250 fine and 2 days in prison apply
      Penalties increase if there is a minor under the age of 16 in the car during the time of the incident. In this case, it is a felony. The penalties increase to a six month stint in prison, plus 25 days of community service in a program benefiting children if there is a child under the age of 16 in the car and involved in a crash that resulted in bodily harm to the child. Offenders are also subject to a mandatory fine of $5,000.

      Third Offense

      • License/driving privileges are revoked for 10 years
      • Suspended vehicle registration
      • If the offender has BAC > .16 percent, there is a mandatory minimum fine of $2,500 and mandatory 90 days in prison
      • In Illinois, third offenses for DUI are treated as Class 2 felonies, not misdemeanors
      Additional penalties apply if a child under 16 is present during the offense. These penalties include a mandatory fine of $25,000. The offender is also required to perform 25 days of community service in a program that benefits children, and other administrative penalties may apply.

      What are the Penalties for Failure to Complete or Refuse to Submit to an DUI Test in Illinois?

      Refusing to take the test in Illinois will not eliminate consequences. Adults who refuse a BAC test or breathalyzer can have their license suspended for up to 12 months. Anyone caught for a second time who refuses the test for the second time within a five-year period risks a three-year license revocation.

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      Solicitud de contacto en Espanol

      By clicking the button below, you consent to one or more of the listed businessesIntoxalock, Breathe Easy Insurance Solutions, LLC, DUI.org, DUICare calling and texting at the telephone number provided to encourage the purchase or lease of DUI-related products and services, including through the use of automated technology, artificial voice and/or pre-recorded means. Consent is not a condition of purchase. For California residents, click here.

      How Can I Regain Driving Privileges in Illinois?

      In Illinois, drivers who have their license revoked following a DUI conviction do have an option to regain their driving privileges during the suspension or revocation period. They can apply for a Monitoring Device Driving Permit (MDDP). The MDDP allows them to get a restricted driver’s permit and get back on the road. To qualify, offenders must:

      • Mail their completed application to the Secretary of State’s office
      • The Secretary of State will reply detailing any necessary fees, and will let the offender know if their application was approved
      • Once they get approval, the offender must install an ignition interlock device within 14 days
      • Offenders who drive their employer’s car can apply for a work exemption using their employer’s information

      ADS Interlock Devices in Illinois

      ADS is an approved provider in Illinois, and Illinois accepts the Determinator II devices, as it includes a camera.

      What is an Ignition Interlock Device?

      An ignition interlock device is a small device wired into your car’s ignition. The device:

      • Prevents the driver from starting the car until they pass a Breath Alcohol Content (BrAC) test.
      • Random retests are requested during trips to ensure continuous sobriety

      How Long is an IL Interlock Device Required?

      The length of time is determined by statute. If additional time is added, the court or administrative body will clarify.



      The Cost of Interlock Devices in Illinois

      Illinois requires offenders to pay for their own device, which typically costs between $2.50 and $3.50 per day to lease. There is financial assistance available for qualified offenders. The Secretary of State’s office determines who is eligible.

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      The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. 

      Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.