The Illinois Criminal Code prohibits any person from driving under the influence (DUI) of alcohol, drugs, or other substances. Generally speaking, a driver is considered under the influence if they are impaired and unable to operate their vehicle in a safe and responsible manner. When this happens in Illinois, DUI charges and serious criminal consequences are likely to follow.
What are the Illinois Laws Against DUI?
The Illinois laws against DUI appear at 625 ILCS 5/11-501. This section prohibits any person from operating a vehicle while under the influence of alcohol, drugs, or a combination of substances.
In terms of alcohol, Section 11-501 prohibits drivers from registering a blood-alcohol concentration (BAC) of 0.08 or more. Additionally, Section 11-501 makes it illegal to operate any vehicle while under the influence of alcohol or the combined influence of alcohol and other substances.
Now that Illinois has legalized cannabis for recreational possession and use, there is a legal limit for cannabis in addition to alcohol. At this point, Section 11-501 prohibits drivers from registering a tetrahydrocannabinol concentration above five to 10 nanograms, depending on the method of testing.
In terms of other substances, Section 11-501 prohibits driving while impaired by any intoxicating compounds, such as legal pharmaceuticals. Furthermore, Section 11-501 makes it unlawful to operate any vehicle while under the influence of a combination of intoxicating compounds, legal pharmaceuticals, or other substances.
In terms of illegal drugs classified as controlled substances, Section 11-501 imposes a more stringent requirement. In these cases, it is unlawful to drive with any amount of a controlled substance in their system. Stated otherwise, Illinois has a zero-tolerance policy to driving after consuming any illegal drugs.
How Does Illinois Punish DUI?
The Illinois punishment for DUI also appears under Section 11-501. Ordinarily, DUI is charged as a Class A misdemeanor in Illinois. The statutory punishment in Illinois for Class A misdemeanors includes a maximum of $2,500 in criminal fines and 12 months in jail.
Though in reality, Illinois employs three different penalty structures for DUI, including mandatory minimums. As a result, the Illinois punishment for DUI changes for: (a) standard offenses, (b) elevated BAC offenses, and (c) transportation of a minor offenses.
For standard offenses, the first violation is a Class A misdemeanor, without any mandatory minimum penalties. But the second violation triggers a mandatory minimum of five days in jail or 240 hours of community service.
For elevated BAC offenses – where an offender registers a BAC of at least 0.16, which is twice the legal limit — the first violation carries a mandatory minimum of $500 in criminal fines and 100 hours of community service. Whereas a second DUI violation with an elevated BAC involves a mandatory minimum of two days in jail and $1,250 in criminal fines.
For transportation of a minor offenses, previous violations are inconsequential. If a person commits DUI while transporting a child under 16 years old, there is a mandatory minimum of $1,000 in criminal fines and 25 days of community service benefitting children.
On a related note, any person who commits a third or subsequent DUI will typically face felony charges for aggravated DUI.
