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Illinois DUI Laws Penalties And Fines
Definition of Intoxication:
Illinois Driving Under the Influence (DUI) may be proved two different ways:
1. With evidence that your driving ability was impaired from the use of intoxicants, and a blood alcohol concentration (BAC) between 0.05 and 0.08; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Illinois drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Illinois:
• Adult Driver - DUI with BAC of 0.08 or higher
• Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher.
• Under 21 Driver – DUI with BAC of 0.02 or higher.
When Can I Drive, if I’ve Been Drinking?
The best way to avoid DUI in Illinois is to have someone else drive, if you’ve been drinking. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
For one adult, achieving a 0.08 BAC might require a certain number of drinks, but for another, it could take much less alcohol, because many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Illinois Drunk Driving Laws and Minor Passengers
Any offense of driving DUI with passengers under age 16, or DUI with a BAC over 0.16, will cause you to receive more severe penalties, such as higher fines, more jail time, and community service.
You can also be convicted of a crime in Illinois, for knowingly allowing someone else who is DUI to drive your vehicle, fined up to $2,500, and sentenced to jail time of up to one year.
