Ignition Interlock Laws in Illinois
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DUI Laws in Illinois
DUI and ignition interlock device (IID) regulations vary significantly across the United States, reflecting a patchwork of state-specific approaches to addressing impaired driving. Each state has different criteria for the installation of IIDs for DUI offenders, the duration of IID installation, procedures for IID removal, and penalties for tampering with the device. To ensure compliance with local laws, it is crucial to check with your state officials and continue reading relevant resources on the webpage for the most accurate and up-to-date information.
What to Know
- Your license will be confiscated immediately if your BAC is above .08% or you refuse a BAC test, even before any criminal trial.
- You can drive under a temporary permit for 45 days, during which you can request a hearing to challenge the suspension. If no hearing is requested, the suspension begins on the 46th day and lasts for 6 months, with the option for first-time offenders to request a Monitoring Device Driving Permit (MDDP) after 30 days.
- After the suspension period, you will be required to install a Breath Alcohol Ignition Interlock Device (BAIID), even if it is your first offense.
Illinois DUI Resources
If you need to regain your license in Illinois, Guardian can guide you through the process quickly and affordably.
Every situation and state is unique, please consult with your attorney or your state licensing authority to confirm your requirements and obligations.
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. This website contains links to other third-party websites for the convenience of our readers. Links from Guardian Interlock to other sites, or from other sites to the LifeSafer, do not constitute an endorsement by Guardian Interlock.
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Administrative License Revocation (ALR) Procedures
llinois is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial.
You will be given a 45-day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 46th day for 6 months, although first-time offenders can request a Monitoring Device Driving Permit (MDDP) after 30 days. After the suspension period, you will be required to get a Breath Alcohol Ignition Interlock Device (BAIID).
Remember that this is separate from the judicial case, with separate authorities and rulings. This can significantly influence the judicial procedures, but you must act very quickly if you wish to challenge this.
Judicial Procedures
In Illinois, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of a BAIID for any driver whose BAC levels are .08% or higher, even if it is your first offense.
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License Revocation, Fines, and Jail in Illinois
| Offense | Jail Time | Fines | License Revocation | IID Duration | Community Service | Program | Probation |
|---|---|---|---|---|---|---|---|
| First Class A Misdemeanor | up to 1 year | up to $2,500 | 1+ year | required for a minimum of 1 year with a Monitoring Device Driving Permit (MDDP) | 100 hours (if BAC is over .16) | required evaluation and completion of alcohol education/treatment | discretionary by the court |
| Second Class A Misdemeanor | up to 1 year | up to $2,500 | minimum 5 years if within 20 years of first offense | required with Restricted Driving Permit (RDP) for the duration of the permit | 240 hours (if no jail time is served); additional 100 hours if BAC is over .16 | required evaluation and completion of alcohol education/treatment | discretionary by the court |
| Third Class 2 Felony | up to 7 years (10 day min.) | up to $25,000 | minimum 10 years | required with RDP for the duration of the permit | 480 hours (if no jail time is served); additional 100 hours if BAC is over .16 | required evaluation and completion of alcohol education/treatment | discretionary by the court |
| Fourth Class 2 Felony | up to 12 years (180 day min.) | up to $25,000 | permanent revocation | required with RDP if eligible | discretionary by the court | required evaluation and completion of alcohol education/treatment | discretionary by the court |
| Fifth and Subsequent Class 1, Class X Felony | up to 15 years (up to 30 for sixth) | up to $25,000 | permanent revocation | required with RDP if eligible | discretionary by the court | required evaluation and completion of alcohol education/treatment | discretionary by the court |
Illinois DUI Laws
Illinois has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.