Illinois DUI Penalties Chart for Will County Cases
A first or second DUI in Illinois is a Class A misdemeanor, with less than a year in jail. A third or fourth DUI is a Class 2 felony, a fifth is a Class 1 felony and a sixth is a Class X felony. The license rules get harsher at each step, up to a bar on applying for a license. The chart below shows the numbers from the statutes.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
The chart
| Offense | Class | Jail or prison range | Maximum fine | Revocation |
|---|---|---|---|---|
| 1st DUI | Class A misdemeanor | Less than 1 year in jail. Probation or conditional discharge up to 2 years. | $2,500 (minimum $75) | Revoked after a conviction. You may apply for a license after 1 year. |
| 2nd DUI | Class A misdemeanor | Less than 1 year in jail, with a mandatory minimum of 5 days in jail or 240 hours of community service. | $2,500 (minimum $75) | Revoked. You must first get a restricted driving permit, then 5 clean years on it before you can apply for a license. |
| 3rd DUI | Class 2 felony | 3 to 7 years in prison. Probation is allowed, with at least 480 hours of community service or 10 days in jail. | $25,000 | Revoked. No application for 10 years from the effective date of the most recent revocation. |
| 4th DUI | Class 2 felony | 3 to 7 years in prison. No probation or conditional discharge. | $25,000 | Revoked. No application for a license, with narrow exceptions. |
| 5th DUI | Class 1 felony | 4 to 15 years in prison. No probation or conditional discharge. | $25,000 | Revoked. No application for a license, with narrow exceptions. |
| 6th or later DUI | Class X felony | 6 to 30 years in prison. No probation. | $25,000 | Revoked. No application for a license, with narrow exceptions. |
Sources for the columns: class and mandatory minimums, 625 ILCS 5/11-501(c) and (d). Ranges and fines, 730 ILCS 5/5-4.5-25, 30, 35 and 55, and 5-4.5-50(b). Revocation, 625 ILCS 5/6-208(b).
How to read the chart
- The fine column is a ceiling. For a misdemeanor it is $2,500 or the amount set for the offense, whichever is greater. For a felony it is $25,000 or the set amount, whichever is greater. A judge may order less.
- Jail ranges are the court's range. They are not what a judge must give. A first DUI has no mandatory jail term unless an add on rule applies.
- Extended terms exist. Section 5-8-2 of the Unified Code of Corrections allows longer terms in some cases. Jeff goes over that if your charge could reach it.
- Prior offenses include other places. A DUI from another state, a local ordinance or a military installation counts as a prior if it is similar (625 ILCS 5/11-501(e)).
Add on penalties that apply at any offense number
Certain facts add mandatory penalties to the chart.
- First DUI at 0.16 or more: at least 100 hours of community service and a $500 fine.
- Second DUI at 0.16 or more: at least 2 days in jail and a $1,250 fine.
- Third DUI at 0.16 or more: at least 90 days in jail and a $2,500 fine.
- A passenger under 16: the statute says 6 months in jail, an added $1,000 minimum fine and 25 days of community service. Larger fines apply to felony offenses.
- A mandatory jail term or community service order cannot be suspended or reduced by the judge (625 ILCS 5/11-501(f)).
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
When one DUI becomes a felony
The chart assumes the offense number alone sets the class. A first DUI can be charged as aggravated DUI, a Class 4 felony or higher, when the facts fit one of the listed categories in Section 11-501(d)(1). Examples from the statute:
- A crash that caused great bodily harm, permanent disability or disfigurement.
- A crash that caused a death.
- Driving a school bus with passengers aboard.
- Driving while your license was revoked or suspended for an earlier DUI.
- Driving with no license or permit, or no liability insurance.
- Driving with a passenger under 16 in a second offense.
See the aggravated DUI page and the felony DUI page.
What happens next
- Find out which offense number the State is charging. Ask for the ticket and the complaint.
- Have your driving abstract and any out of state history checked, since an old case can raise the class.
- Learn which add on penalties the State says apply, such as the 0.16 level or a child passenger.
- Look at your license status. The statutory summary suspension starts on the 46th day after notice unless a court rescinds it.
- Decide, with Jeff, whether the case is a trial case or a plea case.
Cases from Lockport, Joliet and the rest of Will County are heard at the Will County Courthouse, 100 W Jefferson St, Joliet.
How Jeff helps
- Checks whether the prior offenses the State lists really count, including those from other states.
- Looks at whether the facts support the charge class and any add on penalty.
- Reviews the stop, the tests and the paperwork for problems.
- Explains the revocation and permit rules before you make a decision.
- Talks with the prosecutor about the range that applies to your case.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about dui penalties chart
Short answers first. Jeff McCarthy reviews every answer on this page.
Usually no. A first DUI is a Class A misdemeanor. It can be charged as a felony if it fits an aggravated category, such as a serious crash or a revoked license.
The statute requires at least 5 days in jail or 240 hours of community service for a second DUI. It is added to any other sentence.
The third DUI is a Class 2 felony. Section 11-501(d) makes a third or later violation aggravated DUI.
No. The statute says probation or conditional discharge may not be imposed for a fourth or fifth violation.
Section 6-208(b)(4) bars an application, with exceptions found in Sections 6-205 and 6-206. Jeff reviews whether an exception could fit your history.
A similar offense from another state, a local ordinance or a military installation counts as a prior for these charts. The details of what is similar can be argued.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
