Does Illinois have different DUI laws than other states?

DUI law is a matter of state discretion, and in turn, DUI laws from state to state will vary significantly, specifically concerning the applicable penalties upon first and subsequent convictions. Furthermore, variations exist concerning certain DUI offenses, including elevated DUI offenses and DUI offenses committed by minors. In practice, the only universal element across of states concerning DUI is the per se limit of .08% blood alcohol content.

The following list denotes some of the more notable Illinois state-specific statues regarding DUI, including:

• While the state of Illinois adheres to a per se limit of .08% blood alcohol content, the state imposes elevated DUI charges against drivers found behind the wheel with a blood alcohol content higher than .20%.

• Illinois also adheres to a zero tolerance policy concerning blood alcohol limits in drivers under the age of twenty-one (21). Currently, an underage driver found with any blood alcohol content (higher than .00%) can be arrested for minor DUI.

• Additionally, the state of Illinois employs what are known as implied consent laws, which impose administrative and criminal penalties in the event a driver refuses a blood or chemical test following arrest under the suspicion of DUI.

For first time offenders in Illinois, drivers charged with a regular DUI offense face penalties of potential jail time, mandatory license suspension for ninety (90) days, and mandatory alcohol treatment assessments. Subsequent offenses incur further penalties, including the possibility of vehicle confiscation upon third offense and mandatory ignition interlock devices following second offense.