Illinois DUI Penalties - 2008

2008 Illinois DUI Sentencing Guide (For offenses after June 1, 2008)

First Offense

Class A Misdemeanor
Court Supervision up to 2 years
DUI Tech Fee $500.00
Fines of 0-2,500.00
BAC > .16 or greater
Mandatory 100 hours community service
Mandatory Minimum fine of $500.00
Passenger < under16 years old
Subject to 6 months jail or 25 days community service in a program benefitting children
Mandatory minimum $1000 fine
Up to maximum fine of $2,500.00
If Bodily Harm to Passenger under 16,
Class 4 felony, min $2,500.00 to max $25,000.00 plus 25 days community service in a program benefitting children and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If suspended, revoked, or no license or no insurance, then
Class 4 felony 1-3 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If driving School Bus with pass < 18, Class 4 felony
If driving in a school zone with limit of 20 mph in effect and accident with bodily harm other than great bodily harm, permanent disability or disfigurement
Class 4 felony 1-3 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If Great bodily harm, permanent disability or disfigurement
Class 4 felony 1-12 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)] and
Minimum fine $2,500.00

Second Offense

Class A Misdemeanor
No Court Supervision - Mandatory Conviction
Revocation of Driving Privileges
Mandatory 5 days jail or 240 hours community service
DUI technology Fee of $1,000.00
Fines of up to $2,500.00
If 2d DUI and prior reckless homicide, then Class 4 felony
If BAC >.16
Add additional 2 days jail to above penalties
Mandatory minimum fine of $1250.00
If Passenger < 16 years old
Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I) and
min $2500.00 plus 25 days community service in a program benefitting children §11-501(d)(1)(K) and (I) and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If Bodily Harm to Passenger under 16,
Class 2 felony 3-7 years imprisonment or probation up to 48 months §11-501(d)(1)(K) and (I), and
min $5000.00 to max $25,000.00
plus 25 days community service in a program benefitting children and
Mandatory minimum 10 days jail or 480 hours community service [11-501(d)(3)]
If Great bodily harm, disability or disfigurement to any person
Class 4 felony, from probation to 1-12 years imprisonment
Minimum fine of $5000.00 plus 25 days community service in a program benefitting children (any bodily harm per 11-501(d)(1)(K and I)
Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
If suspended, revoked, , or no insurance, then
Class 4 felony 1-3 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
If accident with great bodily harm
Class 4 felony 1-3 years imprisonment or
Probation up to 30 months and
Mandatory minimum 10 days jail or 480 hours community service 11-501(d)(3)
Minimum fine $5,000.00

Third Offense

Class 2 Felony
3-7 years imprisonment or
Probation up to 48 months, and
Mandatory minimum 10 days jail or 480 hours community service
DUI Tech fee $1,000.00
Fines up to max $25,000.00
If BAC > .16
Mandatory 90 days jail and
Mandatory minimum fine of $2500.00
If passenger < 16 years old
Mandatory minimum fine of $25,000.00 and
Mandatory 25 days community service in a program benefitting children
If Great bodily harm, disability or disfigurement
Class 2 felony, from 480 community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement; if any jail then must be minimum 1 year)

Fourth Offense

Class 2 Felony non-probationable
3-7 years imprisonment and
DUI Tech fee $1,000.00
Maximum fine of $25,000.00
If BAC > .16
Mandatory Minimum fine is $5,000.00
If passenger < 16 years old
Minimum fine $25,000.00 and
Mandatory 25 days community service in a program benefitting children
If Great bodily harm, disability or disfigurement
Class 2 felony, from 480 community service to 1-12 years imprisonment (note: combining 1-12 years great bodily harm requirement)

Fifth Offense

Class 1 non-probationable
4-15 years imprisonment
DUI Tech fee $1,000.00
Fine up to $25,000.00
If BAC >.16
Mandatory Minimum fine $5000.00
If passenger < 16 years
Minimum fine $25,000.00 and
Mandatory 25 days community service in a program benefitting children

Sixth Offense

Class X felony non-probationable
6-30 years imprisonment
DUI Tech fee $1,000.00
Fine up to $25,000.00
If BAC >.16
Minimum fine $5000.00
If passenger < 16 years
Minimum fine $25,000.00 and
Mandatory 25 days community service in a program benefitting children
DUI Death

If violation of DUI proximately causes death to another

Class 2 felony
Minimum is probation, or 3-14 years for one death
Minimum probation to 6-28 years for 2 or more deaths
Judge must find extraordinary circumstances to award probation