Penalties for a First DUI in Illinois

The penalties for a first time DUI in Illinois can vary greatly depending on the circumstances surrounding the arrest, as well as your driving record and criminal history.  While there are many variances, here’s a brief description of what might happen to you on a first time DUI arrest in Illinois.

Your Driver’s License

First, in terms of your driver’s license, you will have a 6 month or 12 month suspension (6 months if you took the breath test and were above a .08 or 12 if you refused).  This suspension will usually go into effect 46 days from the date of your arrest.  The Secretary of State will send you a letter informing you of the exact day the suspension will become active.

Though this suspension “automatically” goes into effect, it can be challenged at a Petition to Rescind Summary Suspension Hearing.  In order to succeed at the Petition Hearing your lawyer will need to demonstrate to the court that you were stopped without legal justification, arrested without reasonable grounds, not properly warned about the possible suspension periods prior to submitting to the breath test, and/or any other ground enumerated in the Illinois Vehicle Code.   If you win that Hearing, the suspension will be cleared from your driving record.  It is worth noting that this Petition can be filed before your first scheduled court date and it is usually advisable to do so as soon as possible.

If you can not or do not win the Petition Hearing, you can request a Monitoring Device Driving Permit.  This permit allows you to drive during your suspension period (following a 30 day “hard suspension” period).  However, you will have to get the BAIID (Breath Alcohol Ignition Interlock Device) device installed in your vehicle and pay the costs associated with that.

DUI Criminal Charge

In terms of the criminal aspect of the DUI charge, a first time DUI is typically charged as a Class A Misdemeanor.  As a result, it is technically punishable by a maximum of 364 days in prison, a $2500 fine, or both.  If you are a first offender and there was no accident or injury resulting from the offense, then jail time is extremely unlikely.

Most likely, if you are found guilty or plead guilty, you will have to complete a drug and alcohol evaluation and some alcohol awareness classes.  You will also have to pay the court costs and fines which usually range from $1200-$2000.  Keep in mind that you will usually have several months to pay the court imposed costs/fines.