of Corrections, and they are the statutory minimums and ranges, not a prediction for your case. Our attorneys are both former Lake County Assistant State's Attorneys, with about 20 and 15+ years of experience. See our attorney profiles to learn more.
First DUI Offense
A first DUI is generally a Class A misdemeanor. A Class A misdemeanor carries a sentence of less than one year in jail, probation or conditional discharge of up to two years, and a fine up to $2,500, though a first offense has no mandatory jail term. If your alcohol concentration was 0.16 or higher, the law adds a mandatory minimum of 100 hours of community service and a $500 fine. If you were driving a child under 16, the penalties add up to six months of imprisonment, a $1,000 minimum fine and 25 days of community service in a program benefiting children. Some first offenders qualify for court supervision, which is discretionary. See our first-time DUI page.
Second DUI Offense
A second
DUI is also generally a Class A misdemeanor, but with a mandatory minimum of either five days of imprisonment or 240 hours of community service. With an alcohol concentration of 0.16 or higher, the minimum rises to two days of imprisonment and a $1,250 fine. A second DUI committed while transporting a child under 16 is an aggravated DUI, which is a felony. Supervision is not available if you have a prior DUI conviction or supervision. A conviction also requires an ignition interlock for at least five years. See second-offense DUI.
Aggravated DUI
Aggravated DUI is a felony, and it is usually a Class 4 felony (one to three years in prison). Common triggers include a third or later DUI, driving on a revoked or suspended license, driving without a license or insurance, a crash that caused great bodily harm, or a DUI while driving a school bus or for-hire passengers. A third DUI is a Class 2 felony (three to seven years). A fourth is a Class 2 felony with no probation, a fifth is a Class 1 felony, and a sixth or later is a Class X felony (six to 30 years). A crash causing a death is a Class 2 felony, with a prison term of 3 to 14 years for one death and 6 to 28 years for two or more, unless extraordinary circumstances exist. Anyone sentenced to probation for aggravated DUI must serve at least 480 hours of community service or 10 days in jail. See aggravated DUI.
License Consequences
Separate from the criminal sentence, the Secretary of State imposes sanctions. A summary suspension for a first offender lasts six months after a failed test and 12 months after a refusal. For others, the periods are one year after a failed test and three years after a refusal. A conviction leads to revocation, which generally allows an application after one year for a first offense, five years for a second within 20 years, and ten years for a third. Drivers under 21 face revocation too. Learn more in our guides to summary suspension, driving permits and license reinstatement. Commercial drivers should read about CDL DUI.
Fighting the Charge
These penalties apply only after a conviction. Every DUI case starts with questions about the stop, the testing and the evidence. Learn how we approach these cases on our DUI defense page.
Frequently Asked Questions
Is a first DUI a felony in Illinois?
Usually no. A first DUI is generally a Class A misdemeanor. It can become an aggravated, felony DUI in certain circumstances, such as a crash causing great bodily harm or driving without a license or insurance.
Is jail mandatory for a first DUI in Illinois?
The statute does not set a mandatory minimum jail term for a basic first offense, although a judge may impose up to one year. Higher alcohol levels or a child passenger add mandatory penalties.
What is the penalty for a second DUI in Illinois?
A mandatory minimum of five days in jail or 240 hours of community service, plus fines and a longer license revocation. A second DUI with an alcohol concentration of 0.16 or higher carries at least two days in jail and a $1,250 fine.
How many DUIs make it a felony in Illinois?
A third DUI is a felony, a Class 2. A DUI can also be a felony on a first or second offense if an aggravating factor applies, such as great bodily harm, a death, or a child under 16 in the car for a second offense.
Talk to Our Team
Call (847) 520-4810 (our phone line is available 24/7) or request a free consultation online. Our office is at 433 N. Milwaukee Ave, Wheeling, IL 60090, open Monday–Friday 9–5 and closed Saturday. Bilingual staff can assist; se habla español.
This page is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, no lawyer can guarantee a result, and past results do not predict future outcomes.