Illinois · DUI · Checked October 2026
Illinois DUI Penalties: First, Second and Third Offense
Illinois DUI Penalties: What Are the Rules?
Illinois sets DUI penalties by offense, and they rise with each conviction.
- First offense jail
- Up to 364 days (Class A misdemeanor: less than one year)
- First offense fine
- Up to $2,500
- First offense license
- License revoked on conviction; you can apply for reinstatement after 1 year from the effective date of revocation
- Felony
- A third or subsequent DUI is aggravated DUI (third and fourth are Class 2 felonies, fifth is Class 1, sixth or more is Class X); other aggravating facts such as serious injury, death, a school bus or driving while revoked for DUI also make it a felony
Illinois DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | Class A misdemeanor | Class A misdemeanor | Class 2 felony (aggravated DUI) |
| Jail | up to 364 days (Class A misdemeanor: less than one year) | mandatory minimum of 5 days in jail or 240 hours of community service; up to 364 days | 3 to 7 years in prison (Class 2 felony; probation is possible) |
| Fine | up to $2,500 | up to $2,500 | up to $25,000 |
| License suspension | license revoked on conviction; you can apply for reinstatement after 1 year from the effective date of revocation | license revoked; if the second violation is within 20 years, you cannot apply for a license until 5 years after the most recent revocation | license revoked; you cannot apply for a license until 10 years after the most recent revocation |
| Ignition interlock | first offenders under statutory summary suspension are issued a monitoring device driving permit (MDDP) that requires an ignition interlock, unless they decline it | ignition interlock for at least 5 years on all vehicles you own after a second or subsequent conviction | ignition interlock for at least 5 years on all vehicles you own |
Other First Offense Penalties in Illinois
- professional alcohol and drug evaluation before sentencing and treatment as appropriate
- court may order a victim impact panel
- liable for up to $500 for a blood draw if convicted
Other Second Offense Penalties in Illinois
- before a full license, you must hold a restricted driving permit for a continuous 5 years without suspension, cancellation or revocation
Other Third Offense Penalties in Illinois
- if probation or conditional discharge is given, at least 480 hours of community service or 10 days in jail
When Penalties Are Higher in Illinois
- BAC 0.16 or higher, first offense: mandatory minimum 100 hours of community service and a mandatory minimum $500 fine
- BAC 0.16 or higher, second offense: mandatory minimum 2 days in jail and a mandatory minimum $1,250 fine
- BAC 0.16 or higher, third offense: mandatory minimum 90 days in prison and a mandatory minimum $2,500 fine
- transporting a passenger under 16: 6 months of imprisonment, an additional mandatory minimum $1,000 fine and 25 days of community service in a program benefiting children; on a second violation it is aggravated DUI, a Class 2 felony with a mandatory $2,500 fine
- crash causing great bodily harm or permanent disability or disfigurement: aggravated DUI; if imprisoned, 1 to 12 years
- crash causing a death: Class 2 felony: 3 to 14 years for one death, 6 to 28 years for two or more deaths, unless extraordinary circumstances require probation
- driving a school bus with passengers, driving while revoked or suspended for DUI, without a valid license, without insurance, or with for-hire passengers: aggravated DUI, a Class 4 felony unless another class applies
When a DUI Is a Felony in Illinois
a third or subsequent DUI is aggravated DUI (third and fourth are Class 2 felonies, fifth is Class 1, sixth or more is Class X); other aggravating facts such as serious injury, death, a school bus or driving while revoked for DUI also make it a felony625 ILCS 5/11-501(d)
How Far Back Prior Offenses Count in Illinois
for criminal penalties, every prior DUI counts regardless of age, including similar offenses in other states; a 20-year window applies to the 5-year license revocation for a second conviction625 ILCS 5/11-501(c)(2), (d)(1)(A), (e); 625 ILCS 5/6-208(b)(2)
Official source: how far back prior offenses count (Illinois)
More on DUI Law in Illinois
See the full overview of DUI laws in Illinois and read about first-offense DUI penalties across the states.
This page summarizes Illinois law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Illinois can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Illinois?
Jail: up to 364 days (Class A misdemeanor: less than one year). Fine: up to $2,500. License suspension: license revoked on conviction; you can apply for reinstatement after 1 year from the effective date of revocation.
What Is the Penalty for a Second DUI in Illinois?
Jail: mandatory minimum of 5 days in jail or 240 hours of community service; up to 364 days. Fine: up to $2,500. License suspension: license revoked; if the second violation is within 20 years, you cannot apply for a license until 5 years after the most recent revocation.
When Is a DUI a Felony in Illinois?
a third or subsequent DUI is aggravated DUI (third and fourth are Class 2 felonies, fifth is Class 1, sixth or more is Class X); other aggravating facts such as serious injury, death, a school bus or driving while revoked for DUI also make it a felony