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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 proof of insurance. If the officer suspects the driver is under the influence, the driver is asked tosubmit to field sobriety tests. If the officer does not suspect the driver is under the influence, the driver is releasedwith any applicable violations. If the officer has probable cause based on the field sobriety tests, the driver isplaced under arrest for DUI and taken to the police station. The driver is askedto submit to chemical testing of breath, urine or blood. If a tested driver’s BAC is more than .05 but less than .08 and no drugs are foundin his/her system, no statutory summary suspension (see page 8) will apply;however, the associated DUI charge will remain until appropriate action is takenby the court. If the driver refuses to submit to or fails to complete testing, the statutory summary suspension will apply. If the driver is a first-time DUI offender, he/shemay be eligible for a Monitoring Device Driving Permit. (See page 15.) If thedriver is a repeat DUI offender, he/she may be eligible for a Restricted DrivingPermit (RDP). If the driver’s test results show a BAC of .08 or more, or any trace of a drug(including cannabis), illegal substance or intoxicating compound, the driver willbe 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 areadmissible 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.The rate of alcohol impairment among drivers involved in fatal crashesis 4 times higher at night than during the day.— National Highway TrafficSafety Administration 7

2014 Illinois DUI Facts 281 people were killed in alcohol-related crashes, which was 30 percent of the924 total crash fatalities. 32,822 DUI arrests were recorded by the Secretary of State’s office. 90 percent of all drivers arrested for DUI, who were eligible, lost their drivingprivileges. 710 drivers under age 21 lost their driving privileges due to Zero Tolerance lawviolations. 20 percent of those arrested for DUI were women, who represented 50 percentof all licensed drivers. Males ages 21-24 had the highest DUI arrest rate (about 15 per 1,000 licenseddrivers). 86 percent of all drivers arrested for DUI are first offenders.New Laws Concerning DUI in IllinoisEffective Jan. 1, 2016 A first-time DUI offender is now eligible to apply for a Monitoring Device Driving Permit during the first 30 days of a statutory summary suspension. A repeat DUI offender is now eligible to apply for a Restricted Driving Permitduring a statutory summary suspension (previously no driving relief was available). A person whose driver’s license has been revoked for life as the result of fourDUI convictions may apply for a Restricted Driving Permit after serving a fiveyear revocation and proving a minimum of three years of abstinence. The personmay only drive vehicles that have been equipped with a Breath Alcohol IgnitionInterlock Device. A person with two or three DUI convictions must obtain a restricted driving permit, install a Breath Alcohol Ignition Interlock Device on all vehicles owned bythe person and may only drive vehicles equipped with the device for a period offive years before full driving privileges are restored. A person who has resided in Illinois for a minimum of 10 years and whose driver’s license was revoked in his/her former state of residence may seek an administrative hearing to ask for the issuance of an Illinois driver’s license. A person under age 21 may not be charged with possession or consumption ofalcohol by a minor if that person (1) requested medical assistance for an individual due to alcohol consumption; (2) remained at the scene after contactingauthorities; and (3) provided his/her full name, other relevant information andcooperated fully with law enforcement officers.For a complete history of DUI laws in Illinois, visit the Secretary of State’s website 8

Statutory Summary Suspension/RevocationA statutory summary suspension provides for the automatic suspension of drivingprivileges 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 ormore or the test showed a trace of other drugs. Statutory summary suspensions areautomatic and effective on the 46th day from the date of the suspension notice. Thissuspension does not replace criminal penalties for a DUI conviction. An offendermay request a judicial hearing to challenge the arrest; however, the request does notstop the suspension from taking effect.If an Illinois driver refuses to submit to chemical testing in another state, his/herdriving privileges will be suspended. A statutory summary suspension does not applyto a person with a BAC of less than .08. If a person has a BAC of more than .05, andadditional evidence such as an open container warrants a DUI arrest, the outcome ofthe court case will determine if penalties apply. If a commercial driver’s licenseholder receives a statutory summary suspension, his/her CDL privileges will be disqualified for one year for a first offense; a lifetime disqualification applies for a second offense.A person convicted of DUI whose driving privileges were suspended because of astatutory summary suspension will have that time credited to the minimum periodof revocation of driving privileges. The DUI criminal charge is prosecuted andadjudicated in the courts. This charge is separate from the statutory summary suspension penalties, which is the administrative process. For more information onthe criminal penalties for a DUI conviction, see pages 11-12.Failing Chemical Testing First offense — Suspension of driving privileges for six months (eligible for aMonitoring Device Driving Permit).* Second or subsequent offense within five years — Suspension of driving privileges for one year.Refusing to Submit to Chemical Testing First offense — Suspension of driving privileges for 12 months (eligible for aMonitoring Device Driving Permit).* Second or subsequent offense — Suspension of driving privileges for three years.*A DUI offender eligible for driving relief and issued a Monitoring Device DrivingPermit (MDDP) must operate only vehicles installed with a Breath Alcohol IgnitionInterlock Device (BAIID), unless exempted by employment. The offender is subjectto all MDDP rules and BAIID fees. For more information, see pages 14-15. 9

A police officer is required to request a chemical test when there is probable causeto suspect DUI is a factor when a crash results in personal injury or death. A driverwho refuses to submit to such testing will have his/her driving privileges revokedfor a minimum of one year.A driver subject to chemical testing may be liable for the medical costs associatedwith the blood test (up to 500) if the driver is consequently convicted of DUI.A person’s driver’s license may be subject to multiple suspensions or revocationssimultaneously. No single suspension or revocation serves to negate, invalidate,cancel, postpone or lessen the effect of any other suspension or revocation.Judicial HearingsA driver may request a judicial hearing to challenge a statutory summary suspensionor statutory summary revocation within 90 days after the notice date. The hearingmust be conducted within 30 days of the request or on the first court date scheduledto consider the criminal charges. Legally, only five issues may be considered: Whether the person was arrested for DUI. Whether there were reasonable grounds to believe that at the time of arrest theperson was driving or in physical control of the vehicle while under the influenceof alcohol or other drugs. Whether the driver, after being informed of the impending summary suspension,refused to submit to chemical testing. Whether, after being advised of the suspension, the driver submitted to chemicaltesting that showed a BAC of .08 or more or any trace of cannabis, controlledsubstance, methamphetamine and/or intoxicating compounds. Whether, in the case of a statutory summary revocation, the driver was involvedin a motor vehicle crash that caused personal injury or death.The suspension/revocation is rescinded if the court rules in favor of the driver. Theresult of the hearing is entered on the driver’s record.Administrative Driver’s License RevocationAn administrative driver’s license revocation, administered by the Secretary ofState’s office in cooperation with county state’s attorneys, allows for the quick revocation of driving privileges of a person who has been involved in a serious injuryor fatal crash. A driver charged with DUI or another serious offense may havehis/her driving privileges revoked without a hearing only after the Secretary ofState’s office receives sufficient evidence from a state’s attorney. Unless the revocation is contested through an administrative hearing, the privileges remain revoked until the case is adjudicated. 10

The Illinois Supreme Court ruled in 1986 that an administrative revocation doesnot violate a person’s right to due process. While acknowledging a driver’s licenseis a privilege deserving of protection, the court ruled the privilege is outweighedby the public interest to promote safe highways.Penalties for a DUI ConvictionPenalties for DUI in Illinois vary depending on the circumstances of the arrest andconviction. These circumstances may include the driver’s age, the driver’s BAClevel, whether the driver was transporting a child under age 16, and whether thedriver has previous DUI convictions. Any DUI offense resulting in felony chargesis classified as Aggravated DUI. (See page 27 for specific penalties for misdemeanor and felony convictions.)First ConvictionClass A misdemeanor; minimum revocation of driving privileges for one year (twoyears if driver is under age 21); suspension 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 any penalties or fines, possible imprisonment of up to six months, mandatory minimumfine 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 crashthat resulted in bodily harm to the child (Aggravated DUI); Class 4 felony — Inaddition to any other criminal or administrative sanctions, mandatory fine of 2,500 and 25 days of community service in a program benefiting children.Second ConvictionClass A misdemeanor; mandatory minimum imprisonment of five days or 240hours of community service; revocation of driving privileges for a minimum offive years for a second conviction within 20 years; suspension of vehicle registration. If committed with a BAC of .16 or more — In addition to any penalties or fines,mandatory imprisonment of two days and mandatory minimum fine of 1,250. If committed while transporting a child under age 16 (Aggravated DUI); Class4 felony. If committed while transporting a child under age 16 and involved in a crashthat resulted in bodily harm to the child (Aggravated DUI); Class 2 felony — Inaddition to any other criminal or administrative sanctions, mandatory fine of 5,000 and 25 days of community service in a program benefiting children. 11

Third Conviction (Aggravated DUI)Class 2 felony; revocation of driving privileges for a minimum of 10 years; suspension of vehicle registration. If committed with a BAC of .16 or more — In addition to any other criminal oradministrative sanctions, mandatory imprisonment of 90 days and mandatoryminimum fine of 2,500. If committed while transporting a child under age 16 — In addition to any othercriminal or administrative sanctions, mandatory fine of 25,000 and 25 days ofcommunity service in a program benefiting children.Fourth Conviction (Aggravated DUI)Class 2 felony; revocation of driving privileges for life; suspension of vehicle registration. If committed with a BAC of .16 or more — In addition to any other criminal oradministrative sanctions, mandatory minimum fine of 5,000. If committed while transporting a child under age 16 — In addition to any othercriminal or administrative sanctions, mandatory fine of 25,000 and 25 days ofcommunity service in a program benefiting children.Fifth Conviction (Aggravated DUI)Class 1 felony; revocation of driving privileges for life; suspension of vehicle registration. If committed with a BAC of .16 or more — In addition to any other criminal oradministrative sanctions, mandatory minimum fine of 5,000. If committed while transporting a child under age 16 — In addition to any othercriminal or administrative sanctions, mandatory fine of 25,000 and 25 days ofcommunity service in a program benefiting children.Sixth or Subsequent Conviction (Aggravated DUI)Class X felony; revocation of driving privileges for life; suspension of vehicle registration. If committed with a BAC of .16 or more — In addition to any other criminal oradministrative sanctions, mandatory minimum fine of 5,000. If committed while transporting a child under age 16 — In addition to any othercriminal or administrative sanctions, mandatory fine of 25,000 and 25 days ofcommunity service in a program benefiting children.Aggravated DUIAny DUI offense resulting in felony charges is classified as Aggravated DUI. Anymandatory term of imprisonment or community service is not subject to suspensionor reduction. Any person sentenced to probation or conditional discharge also mustserve a minimum 480 hours of community service or 10 days imprisonment. 12

Aggravated DUI includes the following offenses: Third or subsequent DUI (Class 2 felony; penalties vary according to offense). DUI committed while driving a school bus carrying one or more persons age 18or younger (Class 4 felony). DUI committed while driving a vehicle for-hire carrying one or more passengers(Class 4 felony). DUI resulting in great bodily harm, permanent disability or disfigurement (Class4 felony). Revocation of driving privileges for a minimum of two years. Second or subsequent DUI committed while transporting a child under age 16(Class 2 felony; penalties vary according to offense). DUI committed while transporting a child under age 16 and involved in a crashthat resulted in bodily harm to the child (Class 2 felony; penalties vary accordingto offense). DUI committed without a valid driver’s license or permit (Class 4 felony). DUI committed without vehicle liability insurance (Class 4 felony). DUI committed after a previous conviction for reckless homicide while DUI orAggravated DUI involving a death (Class 3 felony). DUI committed in a school zone while the restricted speed limit is in effect andinvolved in a crash that resulted in bodily harm (Class 4 felony). DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony). Any penalty imposedis in addition to the penalty for any subsequent DUI violation. Revocation perioddetermined by offense. DUI resulting in a death (Class 2 felony). Revocation of driving privileges fora minimum of two years from the effective date of the revocation or from thedate 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 analcohol/drug remedial education course or substance abuse treatment programbefore driving privileges are reinstated. The offender must meet the requirements of the Secretary of State’s Departmentof Administrative Hearings prior to obtaining an RDP. A Breath Alcohol Ignition Interlock Device may be installed on the offender’svehicle as a condition of driving relief. (See page 14 for more information.) The offender is required to carry high-risk auto insurance for 3 years. The offender’s vehicle registration will be suspended. 13

Vehicle ImpoundmentThe vehicle of any driver may be seized or impounded by local authorities for: Committing a DUI while driving privileges are suspended/revoked for aprevious DUI or reckless homicide. Committing a DUI with a previous conviction of reckless homicide, aggravatedDUI with death or great bodily harm. Committing a third or subsequent DUI. Committing a DUI without a valid driver’s license or permit. Committing a DUI while uninsured.Breath Alcohol Ignition Interlock Device (BAIID)The majority of states, including Illinois, require first-time DUI offenders to havea Breath Alcohol Ignition Interlock Device (BAIID) installed on their vehicles.Illinois also requires a camera unit on the BAIID to capture the image of the driveras he/she performs the breath test.On average, approximately 12,000 individuals are driving with a BAIID deviceinstalled on their car or truck.Any first-time DUI offender who wishes to obtain and is eligible for driving reliefduring the period of statutory summary suspension is required to have a BAIIDinstalled on his/her vehicle.To be eligible for driving relief, the offender must obtain a Monitoring Device DrivingPermit (MDDP), and a BAIID will be installed on his/her vehicle through the Secretary of State’s office. An MDDP and installation of a BAIID allow an offender todrive anywhere at any time as long as he/she is driving a vehicle installed with aBAIID. The Secretary of State’s office monitors the BAIID throughout the durationof the permit. The BAIID will alert the Secretary of State’s office if the driver attemptsany incidents of driving under the influence or tampers with the BAIID device.A DUI offender may decline to have an MDDP and BAIID and instead choose torestrain from driving during the suspension period. However, an offender whochooses not to participate in the program and is subsequently caught driving avehicle during the suspension period is guilty of a Class 4 felony. Additionally, anoffender who participates in the BAIID program and is subsequently caught drivinga vehicle without a BAIID device installed is guilty of a Class 4 felony.An average of one alcohol-impaired driving fatality occurs every 52minutes.— National Highway TrafficSafety Administration 14

A BAIID also is required as a condition of receiving a Restricted Driving Permit(RDP) for a person who has two or three DUI convictions (no time limit betweenoffenses); or two statutory summary suspensions (as a result of two DUI arrests); orone DUI conviction with a statutory summary suspension from a separate DUI arrest.An RDP allows a person to drive on a restricted basis according to his/her permit.(For more information on the RDP, see page 15.)A person who has two or three DUI convictions must obtain an RDP, drive only vehicles equipped with a BAIID and install a BAIID on all vehicles registered in his/hername for a period of five continuous years as a prerequisite for full reinstatement ofdriving privileges. A judge also may require a driver to have a BAIID installed on avehicle. In such cases, it is the responsibility of the courts to monitor and record allinformation, not the Secretary of State’s office.A driver with four or more DUI convictions may apply to the Secretary of State’soffice for an RDP after serving five years of his/her revocation. If the RDP is granted,the driver must have a BAIID installed on all vehicles registered in his/her name forthe remainder of their driving lifetime, as well as drive only vehicles equipped witha BAIID.A DUI offender is responsible for all costs associated with the issuance, installationand monitoring of the BAIID. For a listing of certi

The statistics presented in this 2016 Illinois DUI Fact Book are the most recent numbers available at the time of publication. This manual does not cover every aspect of Illinois’ DUI laws and should not be cited as a legal authority in court. Printed on recycled paper. Printe