DUI Info

"Driving Under the Influence" is defined as operating a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol concentration (BAC) of .08 or more, has used any illegal substance, or is impaired by medication. A driver's BAC is based on the ratio of alcohol to blood or breath. However, an individual with a BAC between .05 and .08 may be convicted of DUI if additional evidence determines that the driver was impaired. In 1997, the Illinois General Assembly passed legislation to lower the illegal BAC limit from .10 to .08. Illinois was the 15th state to impose such a change.

The effect of alcohol on an individual is determined primarily by two factors: the amount of alcohol consumed and the rate at which it is absorbed by the body. Other contributing factors include gender, body weight, alcohol tolerance, mood, environment and the amount of food consumed.

From the first drink, alcohol affects coordination and judgment. Even with a BAC well below .08, a person's reaction time slows. The risk of being in a crash begins to increase with a BAC between .04 and .05 and increases rapidly thereafter. By the time a driver reaches a BAC of .06, he/she is twice as likely to be involved in a fatal crash as a non-drinking driver. By the time a driver reaches a BAC of .08, he/she is 11 times more likely to be killed in a single-vehicle crash than a non-drinking driver.

The only way to rid the body of alcohol is time. Fresh air, coffee, a shower and food cannot help a person become sober. It takes about one hour for the body to metabolize one drink. Each of the following has a comparable amount of alcohol and counts as one drink: one 12-ounce mug of beer, one 5-ounce glass of wine or one 1.5-ounce shot of hard liquor. (The amount of alcohol in a poured/mixed drink is dependent on the type of drink and the person who pours it.)

FACT: The average DUI offender is: • male (80 percent arrested are men); • age 34 (61 percent are under age 35): • arrested between 11 p.m. and 4 a.m. on a weekend; and • caught driving with a BAC of .16 twice the illegal limit. - Illinois Secretary of State

FACT: In 2006, the average American was 51 percent less likely to die in an alcohol-related crash than in 1982. - National Highway Traffic Safety Administration (NHTSA)

Chronology of a DUI Arrest

An officer stops a vehicle at a roadside safety check or for probable cause, reasonable suspicion or unusual operation.

The officer observes the driver and requests a driver's license, vehicle registration and insurance card.
If the officer suspects the driver is under the influence, the driver is asked to submit to field sobriety tests.
If the officer does not suspect the driver is under the influence, the driver is released with any applicable violations.
If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The driver is asked to submit to a chemical testing of breath, urine or blood.
If the chemical test determines the driver is not under the influence, the driver is released with any applicable violations.
If a tested driver's BAC is more than .05 but less than .08 and no drugs are found in the system, no Statutory Summary Suspension (see page 7) will apply; however, the associated DUI charge will remain until appropriate action is taken by the court.
If the driver refuses to submit to or fails to complete testing, the Statutory Summary Suspension will apply. A repeat offender who refuses to submit to testing will not be eligible for a Restricted Driving Permit (RDP) during the 3-year suspension. A repeat offender who takes the test and fails is not eligible for an RDP during the 1-year suspension.
If the driver's test results show a BAC of .08 or more, or any trace of a drug, illegal substance or intoxicating compound, the driver will be issued a law enforcement sworn report notifying the driver of a Statutory Summary Suspension.
If the driver's license is valid, a receipt is issued allowing driving for 45 days.
A driver may obtain additional testing at his/her own expense; the results are admissible in court.
The offender is required to post bond and may be detained until bond is posted.
The offender's vehicle may be towed, impounded or seized.

FACT: The rate of alcohol impairment among drivers involved in fatal crashes is four times higher at night than during the day. - NHTSA

Statutory Summary Suspension

A Statutory Summary Suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to complete chemical testing. Failure of chemical testing means a person's BAC was .08 or more or the test showed a trace of other drugs. Statutory Summary Suspensions are automatic, effective on the 46th day from the date of the suspension notice. This suspension does not replace criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the arrest; however, the request does not stop the suspension from taking effect. If an Illinois driver refuses to submit to chemical testing in another state, his/her driving privileges will be suspended. A Statutory Summary Suspension does not apply to a person with a BAC of less than .08. If a person has a BAC of more than .05, and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply. If a commercial driver's license holder receives a Statutory Summary Suspension, his/her CDL privileges will be suspended for one year for a first offense; a lifetime suspension applies for a second offense.

Failing Chemical Testing

First Offense – Suspension of driving privileges for 6 months (eligible for MDDP after 31st day).*
Second or subsequent offense within 5 years – Suspension of driving privileges for 1 year (not eligible for driving relief)

Refusing to Submit to Chemical Testing

First Offense - Suspension of driving privileges for 12 months (eligible for MDDP after 31st day).*
Second or subsequent offense - Suspension of driving privileges for 3 years (not eligible for driving relief)

* Effective Jan. 1, 2009, a Monitoring Device Driving Permit will replace the Judicial Driving Permit. Also, the suspension period for a first offense for failing chemical testing will increase to 6 months; the suspension period for a first offense for refusing to submit to chemical testing will increase to 12 months. A first-time DUI offender who wishes to obtain and is eligible for driving relief during the suspension period must have a Breath Alcohol Ignition Interlock Device (BAIID) installed on his/her vehicle.

FACT: In 2006. 91 percent of drivers arrested for DUI who refused to submit to or failed chemical testing lost their driving privileges; 83 percent of those were first offenders. - Illinois Secretary of State

Penalties for a DUI Conviction

Driving Under the Influence (DUI)

Penalties for DUI in Illinois vary depending on the circumstances of the arrest and conviction. These circumstances may include the driver's age, the driver's BAC level, whether the driver was transporting a child under age 16, and whether the driver has previous DUI convictions. Effective June 1, 2008, any DUI offense resulting in felony charges is classified as Aggravated DUI.

First Conviction

Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); minimum revocation of driving privileges for 1 year (2 years if driver is under age 21); revocation of vehicle registration.

If committed with a BAC of .16 or more - In addition to any penalties or fines, mandatory minimum fine of $500 and mandatory minimum 100 hours of community service.
If committed while transporting a child under age 16 - In addition to ally penalties or fines, possible imprisonment of up to 6 months, mandatory minimum fine of $1,000 and 25 days of community service in a program benefiting children.
If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000) - In addition to any other criminal or administrative sanctions, mandatory fine of $2,500 and 25 days of community service in a program benefiting children.

Second Conviction

Class A misdemeanor (possible imprisonment of up to 1 year; fines of up to $2,500); mandatory minimum imprisonment of 5 days or 240 hours of community service; revocation of driving privileges for a minimum of 5 years for a second conviction within 20 years; revocation of vehicle registration.

If committed with a BAC of .16 or more - In addition to any penalties or fines, mandatory imprisonment of 2 days and mandatory minimum fine of $1,250.
If committed while transporting a child under age 16 (Aggravated DUI); Class 4 felony (possible imprisonment of 1-3 years, fines of up to $25,000).
If committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Aggravated DUI); Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000) - In addition to any other criminal or administrative sanctions, mandatory fine of $5,000 and 25 days of community service in a program benefiting children.

Conviction (Aggravated DUI)

Class 2 felony (possible imprisonment of 3-7 years, fines of up to $25,000); revocation of driving privileges for a minimum of 10 years; revocation of vehicle registration.

If committed with BAC of .16 or more - In addition to any other criminal or administrative sanctions, mandatory imprisonment of 90 days and mandatory minimum fine of $2,500.
If committed while transporting a child under age 16 - In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fourth Conviction (Aggravated DUI)

Class 2 felony (possible imprisonment of 3-7 years, fines of to $25,000); revocation of driving privileges for life with no relief available; revocation of vehicle registration.

If committed with a BAC of .16 or more - In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
If committed while transporting a child under age 16 - In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Fifth Conviction (Aggravated DUI)

Class 1 felony (possible imprisonment of 4-15 years, fines of up to $25,000); revocation of driving privileges for life with no relief available; revocation of vehicle registration.

If committed with a BAC of .16 or more - In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
If committed while transporting a child under age 16 - In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Sixth or Subsequent Conviction (Aggravated DUI)

Class X felony (possible imprisonment of 6-30 years, fines of up to $25,0O0); revocation of driving privileges for life with no relief available; revocation of vehicle registration.

If committed with a BAC of .16 or more - In addition to any other criminal or administrative sanctions, mandatory minimum fine of $5,000.
If committed while transporting a child under age 16 - In addition to any other criminal or administrative sanctions, mandatory fine of $25,000 and 25 days of community service in a program benefiting children.

Aggravated DUI

Effective June 1, 2008, any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or 10 days imprisonment.

Aggravated DUI includes the following offenses:

Third or subsequent DUI (Class 4-X felony; penalties vary according to offense).
DUI committed while driving a school bus carrying persons age 18 or younger (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony, imprisonment of 1-12 years, fines of up to $25,000). Revocation of driving privileges for a minimum of 2 years.
Second or subsequent DUI committed while transporting a child under age 16 (Class 4-X felony; penalties vary according to offense).
DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 4-X felony; penalties vary according to offense).
DUI committed without a valid driver's license or permit (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
DUI committed without vehicle liability insurance (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
Second DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 4 felony, 1-3 years of imprisonment, fines of up to $25,000).
DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). Any penalty imposed is in addition to the penalty for any subsequent DUI violation. Revocation period determined by offense.
DUI resulting in death (Class 2 felony, imprisonment of 3-14 years; 6-28 years if more than one death; fines of up to $25,000). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration for the offense.

Additional Consequences of DUI

A DUI conviction is a permanent part of an offender's driving record.
The offender may lose work time.
The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated.
The offender must meet the requirements of the Secretary of State's Department of Administrative Hearings prior to obtaining an RDP.
The offender's vehicle may be impounded or seized.
A BAIRD may be installed in the offender's vehicle as a condition of driving relief.
The offender is required to carry high-risk auto insurance for 3 years.
The offender's vehicle registration will be suspended or revoked.

The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process. A person convicted of DUI whose driving privileges were suspended because of a Statutory Summary Suspension will have that time credited to the minimum period of revocation of driving privileges.

If a driver is convicted of DUI in another state, the conviction will be added to his/her Illinois driving record and result in revocation of driving privileges.

FACT: In 2006, 15 percent of all drivers involved in fatal crashes during the week were alcohol-impaired compared to 31 percent on weekends. - NHTSA

Penalties for Other DUI-Related Offenses

Possession of Drugs in a Vehicle

Illegal possession of a controlled substance or cannabis by a driver; violations must be entered in court records and reported to the Secretary of State.

First conviction - Suspension of driving privileges for 1 year.
Second conviction within 5 years - Suspension of driving privileges for 5 years.

Knowingly Permitting a Driver Under the Influence to Operate a Vehicle

Class A misdemeanor; possible imprisonment of up to 1 year; fines of up to $2500.

Driving on a Suspended or Revoked License

First conviction - Class A misdemeanor; possible imprisonment of up to 12 months; mandatory imprisonment of 10 days in jail or 30 days of community service; fines of up to $2,500; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
Second conviction - Class 4 felony; possible imprisonment of 1-3 years; minimum 30 days in jail or 300 hours of community service; fines of up to $25,000; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
Third conviction - Class 4 felony; possible imprisonment of 1-3 years; minimum 30 days in jail or 300 hours of community service; fines of up to $25,000; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
Fourth through ninth conviction - Class 4 felony; possible imprisonment of 1-3 years; minimum 180 days in jail; fines of up to $25,000; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
10th through 14th conviction - Class 3 felony; possible imprisonment of 2-5 years; not eligible for probation or conditional discharge; fines of up to $25,000; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.
15th or subsequent conviction - Class 2 felony; possible imprisonment of 3-7 years; not eligible for probation or conditional discharge: fines of up to $25,000; suspension of driving privileges for double the original suspension period or additional revocation of 1 year; may result in seizure or forfeiture of vehicle.

FACT: Of the driver's license revocations in 2006, 3,471 were for second offenses, 1,023 were for third offenses, and 509 were for fourth or subsequent offenses, which resulted in a lifetime revocation. - Illinois Secretary of State

Dram Shop

An employee or owner of an establishment may be held liable for a crash resulting from the unlawful selling, giving or delivery of alcohol in that establishment to a minor, intoxicated person or person known to be under legal disability or in need of mental treatment.

Liability is limited to $50,467 for property damage or personal injury.
Liability extends to $61,682 for a loss of means of support due to death or injury.

Illegal Transportation/Open Container

It is illegal to transport, carry, possess or have any alcoholic beverages in the passenger compartment of a motor vehicle, except in the original container with the seal unbroken. Limousines, motor homes, mini motor homes and chartered buses not hired for school purposes are exceptions to the law.

Maximum fine of $1,000 and points-assigned violation on driver's record.
Suspension of driving privileges for 1 year or revocation for a second conviction within 1 year.
if the offender is under age 21 - Mandatory suspension of driving privileges for 1 year for first offense; mandatory revocation of driving privileges for a second offense.

Fraudulent IDs and Driver's Licenses

It is illegal to assist in obtaining or to fraudulently obtain, distribute, use or possess a fraudulent state ID card or driver's license. The Secretary of State has the authority to suspend or revoke driving privileges for up to one year without a conviction for anyone involved in the following offenses:

Class A misdemeanors (subsequent offenses are Class 4 felonies)

Possessing, attempting to obtain or assisting another in obtaining a fraudulent driver's license or permit (first offense).
Allowing another person to use your driver's license or permit.
Displaying or representing as one's own any driver's license or permit issued to someone else.
Allowing any unlawful use of one's driver's license or permit.

Class 4 felonies (subsequent offenses may be Class 3 felonies)

Possessing, attempting to obtain or assisting another in obtaining a fraudulent driver's license or permit (second or subsequent offense).
Issuing or assisting in the issuance of a fraudulent driver's license.
Manufacturing, possessing or providing any document for the purpose of obtaining a fraudulent driver's license.
Possessing a driver's license-making or permit-making implement.

FACT: In 2006, safety belts were used by only 26 percent of all fatally injured drivers who were alcohol-impaired. - NHTSA

Judicial Hearings

A driver may request a judicial hearing to challenge a Statutory Summary Suspension within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges. Legally, only four issues may be considered:

Whether the person was properly arrested;
Whether there were reasonable grounds to believe at the time of arrest that the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs;
Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing; and
Whether, after being advised of the suspension, the driver submitted to chemical testing that showed a BAC of .08 or more or any trace of cannabis, controlled substance and/or intoxicating compounds.

The suspension is rescinded if the court rules in favor of the driver. The result of the hearing is entered on the driver's record.

FACT: About 15 percent of the 50,109 Statutory Summary Suspensions processed in 2006 were rescinded, compared to 15 percent in 2005. - Illinois Secretary of State

FACT: Of the 41.705 suspended first offenders in 2006, 20 percent (8,447) were issued JDPs. - Illinois Secretary of State

History of Illinois DUI Laws

Effective Jan. 1, 1958

Established .15 as the illegal BAC limit.

Effective Jan. 1, 1967

Lowered the illegal BAC limit from .15 to .10.

Effective Jan. 1, 1980

Established 21 as the minimum drinking age.

Effective Jan. 1, 1984

Established mandatory imprisonment of 48 hours or 10 days of community service for a second or subsequent DUI conviction.
Expanded the Crime Victims Compensation Act to include DUI victims.
Required courts to notify the Secretary of State's office of DUI case dispositions, court supervisions and other serious offenses.

Effective Jan. 1, 1986

Established the Statutory Summary Suspension Program to allow for the automatic suspension of a person's driving privileges for refusing to submit to or failing chemical testing following a DUI arrest.
Expanded the Crime Victims Bill of Rights to include DUI victims.
Provided that any person who refuses to submit to chemical testing while operating a vehicle in another state will have his/her driving privileges suspended.

Effective Sept. 12, 1986

Provided that any driver under age 21 convicted of a second DUI will have his/her driving privileges revoked until he/she turns 21 or for one additional year, whichever is longer.

Effective Jan. 1, 1988

Provided that any driver under age 21 convicted of a second DUI will have his/her driving privileges revoked for a minimum of 3 years. If convicted of a third or subsequent DUI, a driver will have his/her driving privileges revoked for a minimum of 6 years.

Effective Sept. 21, 1989

Provided that any driver who refuses to submit to chemical testing for a second or subsequent time will have his/her driving privileges suspended for a minimum of 2 years. Offenders may not apply for a Restricted Driving Permit for the first six months of the suspension period.

Effective Jan. 1, 1991

Provided that any driver found at fault in a vehicle crash where serious person/ al injury or death occurs and who refuses to submit to or fails chemical testing (.10 BAC or more) will have his/her driving privileges suspended.

Effective July 1, 1991

Provided that any driver who violates the Cannabis Control Act or the Illinois Controlled Substances Act while operating a motor vehicle will have his/her driver's license cancelled.

Effective Nov. 3, 1992

Established the Crime Victims' Rights Constitutional Amendment, which guarantees and protects the rights of crime victims, including those victimized by DUI.

Effective Jan. 1, 1993

Prohibited any driver convicted of DUI within the last 10 years (rather than 5 years) from receiving court supervision.
Established the Child Endangerment Law, which states that any driver convicted of DUI while transporting a person age 16 or younger is subject to a minimum fine and mandatory community service in a program benefiting children.

Effective Jan. 1, 1994

Provided that any driver under age 21 convicted of illegal transportation of alcohol will have his/her driving privileges suspended for 1 year. For a second or subsequent conviction, a driver will have his/her driving privileges revoked.

Effective Jan. 1, 1995

Established the "Use It & Lose It" Law, which states that any driver under age 21 caught with any trace of alcohol in his/her system will lose his/her driving privileges.

Effective July 21, 1995

Prohibited a driver receiving a Statutory Summary Suspension for a subsequent alcohol offense within five years for refusing to submit to chemical testing from receiving an RDP.

Effective Jan. 1, 1997

Established a lifetime limit of one court supervision for a DUI offense.
Provided that results of a driver's blood or urine tests, performed for the purpose of determining the content of alcohol, other drugs or both, conducted during medical treatment in a hospital emergency room, may be reported to the Illinois State Police or local law enforcement agencies.

Effective July 2, 1997

Lowered the illegal BAC limit from .10 to .08.

Effective Dec. 1, 1997

Increased the driver's license revocation period to 5 years for a driver convicted of a second DUI. Increased the revocation period to 10 years for a third or subsequent conviction within 20 years.
Increased the driver's license revocation period to 2 years for a driver convicted of reckless homicide (DUI).

Effective Jan. 1, 1998

Established a zero tolerance law for school bus drivers. A school bus driver caught driving a school bus with any trace of alcohol in his/her system will lose his/her school bus driver permit.
Increased the maximum fines for criminal penalties and the penalty for a petty offense to $1,000, a misdemeanor up to $2,500 and a felony up to $25,000.

Effective Jan. 1, 1999

Prohibited a driver with a fourth DUI conviction on his/her record from applying for a driver's license.
Increased criminal penalties for a person driving on a suspended or revoked driver's license and who is convicted of DUI during the suspension or revocation period. The offender's vehicle is subject to seizure by local law enforcement.
Increased the Statutory Summary Suspension period to 3 years (from 2 years) for a repeat DUI offender who refuses to submit to or fails to complete chemical testing.
Established a $250 Statutory Summary Suspension and revocation fee for a driver charged with a second or subsequent DUI offense.
Increased the period of time in which the vehicle of a suspected DUI offender may be impounded to a graduated scale depending on the number of times the offender has been previously arrested for DUI.
Prohibited a driver charged with driving on a suspended or revoked driver's license for a previous DUI from receiving court supervision if he/she has been convicted of or received court supervision for driving on a suspended or revoked driver's license within the last 10 years.
Included the term "intoxicating compounds," such as sniffing paint and glue, in Illinois DUI law.
Required hospital emergency rooms to report chemical test results of a person treated in a vehicle crash to Illinois State Police or law enforcement officials upon request.

Effective Jan. 1, 2000

Mandated the Breath Alcohol Ignition Interlock Device (BARD) for certain drivers convicted of DUI.
Prohibited a driver with an out-of-state DUI or a reckless driving conviction from receiving court supervision for the same offense in Illinois.

Effective Oct. 1, 2000

Required all court supervisions, regardless of offense, to be reported to the Secretary of State's office.

Effective July 27, 2001

Prohibited a sentence of probation for a driver convicted of a fourth or subsequent DUI while his/her driver's license is suspended or revoked for a prior DUI conviction, or for a conviction for a crash involving death or personal injury.

Effective Aug. 3, 2001

Prohibited the Secretary of State's office from issuing an RDP for 1 year to a driver with a second or subsequent revocation of his/her driving privileges for DUI.
Increased penalties for a second DUI violation committed with 5 years, including 48 consecutive hours to 5 days imprisonment and 100 hours to 30 days of community service.

Effective Aug. 10, 2001

Established mandatory minimum jail sentencing and community service terms for any individual convicted of driving with a suspended or revoked driver's license as a result of a conviction for DUI, reckless homicide, leaving the scene of an accident or a Statutory Summary Suspension.
Authorized judicial authorities to seize or immobilize the vehicle of a driver convicted for a fourth DUI violation.

Effective Aug. 17, 2001

Extended the prison sentence for a felony DUI conviction.
Created and defined the category of Driving Under the Extreme Influence as a driver with a BAC of .16 or more. A driver convicted of this offense is subject to enhanced penalties with mandatory minimum sentencing requirements.
Enhanced penalties for a driver convicted of DUI with a child under age 16 in the vehicle, including mandatory minimum imprisonment and community service.
Required a driver with two or more alcohol incidents on his/her driving record to have a BAIID installed on his/her vehicle. A monthly fee, paid by the driver, is established for the maintenance of the BAIID.

Effective Jan. 1, 2002

Required a person convicted of DUI to pay an additional $100 fine, which is deposited into the Trauma Center Fund for distribution to Illinois hospitals and trauma centers.
Prohibited a person sentenced to prison due to a conviction of reckless homicide from having his/her driving privileges reinstated until 2 years after the date of his/her release from prison. This period does not commence until the expiration of any period of mandatory supervised release or parole.

Effective July 16, 2002

Provided for the seizure or forfeiture of the vehicle of a person convicted of driving while his/her driving privileges are suspended or revoked as a result of a DU!, leaving the scene of a personal injury accident, reckless homicide, or for a Statutory Summary Suspension related to the use of alcohol, drugs or intoxicating compounds.

Effective Jan. 1, 2003

Required local liquor commissioners to report to the Secretary of State's office any conviction of a person under age 21 who purchases, accepts, possesses or consumes alcohol. An underage person who violates this provision will receive a 1-year suspension or revocation of his/her driving privileges.
Established mandatory minimum fines of $500 for a first offense and $2,000 for a second offense for a person convicted of providing alcohol to a person under age 21. If the underage person is involved in an incident where a death occurs, the person who provided the alcohol may be convicted of a Class 4 felony, which carries possible imprisonment of 1-3 years and a fine of up to $25,000.

Effective July 18, 2003

Established Aggravated DUI involving a death as a Class 2 felony, with possible imprisonment of 3-13 years if the violation results in the death of one person or 6-21 years if the violation involves the deaths of two or more persons.

Effective Jan. 1, 2004

Prohibited the operation of a watercraft or snowmobile while under the influence of intoxicating compounds.
Provided that a person convicted of or pleading guilty to DUI, including any person receiving court supervision for the offense, may be required by the court to attend a victim impact panel.
Authorized the court to order a defendant charged with DUI to refrain from operating a vehicle not equipped with a BAUD as a condition of bail.

Effective June 1, 2004

Changed the Reckless Homicide provision to include any person convicted of reckless driving in a construction or maintenance zone which results in the death of an individual. The offense is a Class 2 felony with possible imprisonment of 3-14 years; possible imprisonment of 6-28 years if a single incident involving the death of two or more persons.

Effective July 6, 2004

Established Leaving the Scene of a Crash as a Class 4 felony, with possible imprisonment of 1-3 years.
Decreased the time allowed for leaving the scene of a crash in an effort to report the crash to local law enforcement from one hour to 30 minutes.

Effective July 12, 2004

Provided that a person convicted in another state of an offense similar to the Illinois reckless homicide statute may not be granted full driving privileges for two years from the date of the person's suspension or revocation, or within two years of the driver being released from a prison term for the offense.
Established the offense of Aggravated DUI for a person committing DUI who was previously convicted in another state of an offense similar to the Illinois reckless homicide statute and the driver's intoxication was an element of the offense.

Effective Oct. 1, 2004

Established a legal right of action for unlimited civil damages against any person over age 18 who provides or contributes alcohol or illegal drugs to anyone under age 18 and the provision of alcohol results in a death. Allows such suit for damages, injury or death if caused by the impaired minor.

Effective Jan. 1, 2005

Provided that a driver convicted in another state of an offense similar to the Illinois reckless homicide statute may not be granted driving privileges for two years from the date of the person's suspension or revocation, or within two years of the driver being released from a prison term for the offense.
Established that a person who commits DUI is guilty of Aggravated DUI if he/she has been previously convicted in another state of an offense similar to the Illinois reckless homicide statute.

Effective July 7, 2005

Authorized Illinois courts to impose more severe jail or prison sentences for a driver convicted of reckless homicide or DUI while operating a vehicle in excess of 20 mph over the posted speed limit.

Effective Jan. 1, 2006

Provided that a driver seeking a Judicial Driving Permit (JDP), who is subsequently charged with driving on a suspended driver's license or with another DUI before the JDP has been issued, is no longer eligible for a JDP. If a driver has been issued a JDP and is charged with another DUI, the JDP will be cancelled.
Increased the penalties for DUI while transporting a child under age 16.
Provided that a person charged with a felony DUI may not be prosecuted by a municipal attorney, and the state's attorney is prohibited from giving a municipal attorney this authority.
Increased the penalties for a fifth or subsequent conviction of driving on a suspended or revoked driver's license.
Increased the penalties for a driver convicted of Aggravated DUI causing the death of one or more persons.
Increased the penalties for a third, fourth or fifth DUI conviction.
Classified a sixth or subsequent DUI conviction as a Class X felony.
Required a driver arrested for leaving the scene of an accident involving a death or personal injury to be subject to chemical testing and a Statutory Summary Suspension if he/she refuses to submit to or fails chemical testing. A driver is subject to testing within 12 hours of the accident.
Provided that a person charged with DUI, who has no valid driver's license or is not covered by liability insurance, may be charged with Aggravated DUI and his/her vehicle is subject to seizure and forfeiture.
Provided that a driver involved in a fatal crash or a crash resulting in severe injuries that result in the injured party being carried from the scene is required to undergo chemical testing.
Established tougher penalties for a person over age 21 convicted of DUI while transporting a child under age 16 that results in a crash and bodily harm to the child.
Provided that a driver convicted of Aggravated DUI because the DUI violation is the cause of death of one or more persons will be sentenced to imprisonment, unless the court determines that extraordinary circumstances exist and require probation.

Effective May 8, 2006

Authorized municipalities to charge a DUI offender with a municipal misdemeanor offense for any conduct that constitutes felony DUI if the state's attorney rejects or denies felony charges for that conduct.

Effective June 28, 2006

Authorized the circuit court to collect additional fines from drivers convicted of DUI to be used for DUI enforcement and prevention.

Effective Aug. 31, 2007

Prohibited a parent/legal guardian from knowingly authorizing or permitting any person under age 21 to consume alcohol in his/her home by failing to control access to the alcohol in the residence.
Prohibited a parent/legal guardian from knowingly allowing access to alcohol in his/her residence to persons under age 21, and from knowingly allowing per/ sons under age 21 to consume alcohol in his/her residence.

Effective Jan. 1, 2008

Required local liquor commissioners to report to the Secretary of State's office court supervisions for violations relating to the transfer, possession and consumption of alcohol for persons under age 21.
Increased penalties for driving with a revoked driver's license, permit or privilege to operate a motor vehicle if the revocation was the result of a reckless homicide offense.

Effective June 1, 2008

Required that a petition to contest the suspension of a person's driving privileges be filed within 90 days of the effective date of the suspension if the suspension was the result of refusal to undergo alcohol/drug testing, or because drugs, intoxicating compounds or alcohol were found in the driver's system. Eligibility for driving relief is dependent upon whether the denial of all driving privileges may cause undue hardship.
Prohibited a driver convicted of four or more DUI offenses, leaving the scene of an accident involving death or personal injury, and/or reckless homicide from receiving an RDP.
Authorized the Secretary of State's office to revoke the driving privileges of any person under age 21 convicted in another state of an offense similar to the Illinois DUI statute.
Established the offense of Reckless Homicide for a driver who kills a person in a posted school, construction or maintenance zone while driving in excess of 10 mph over the posted speed limit or under the influence of alcohol or other drugs.

Effective Jan. 1, 2009

Requires a first-time DUI offender to have a BAIID installed on his/her vehicle as a condition of driving relief. The driver must drive only a vehicle equipped with a BAIID or use an alternative alcohol monitoring device 24 hours a day.
Replaced the Judicial Driving Permit with the Monitoring Device Driving Permit for first-time DUI offenders.
Increased the suspension period for a first offense for failing chemical testing to 6 months; the suspension period for a first offense for refusing to submit to chemical testing to 12 months.