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State Laws - Illinois

Situation Imprisonment License Suspension Refusing BAC Test from Police Fines Ignition Interlock Device Required
1st Offense Up to 1 year Minimum 1 year 1 year license suspension Up to $2,500 Yes
2nd Offense Up to 1 year Minimum 5 years 3 year license suspension Up to $2,500 Yes
3rd Offense 3 - 7 years Minimum 10 years 3 year license suspension Up to $2,500 Yes


Category Illegal When
Under 21 Zero Tolerance
21 or older BAC of 0.08% or higher
Commercial BAC of 0.04% or higher


* If one has committed a DUI offense for the 1st time in the state of Illinois, they may be eligible for a Monitoring Device Driving Permit (MDDP), if:

  • The minimum penalty of $500 is paid.
  • Community service hours are completed (100 hours).
  • There is a proof of completion of an alcohol evaluation session.
  • Alcohol remedial education courses/treatment programs are completed.
  • High-risk auto insurance is carried for 3 years.

Once one receives MDDP, he/she will need to install an Illinois state approved ignition interlock device within 14 days.

If one has committed a DUI offense for the 2nd or 3rd time in the state of Illinois, they may be eligible for a Restricted Driving Permit (RDP) if they:

  • Have served a prison sentence (5-90 days) and/or completed community hours (240 hours), if applicable.
  • Have served previous revocation time.
  • Paid DUI penalties ($1,250 - $2,500).
  • Have provided a proof of attendance at an alcohol evaluation session.
  • Have provided a proof of completion of an alcohol remedial education course/treatment program.
  • Have carried high-risk auto insurance for 3 years.

Once RDP is acquired one would need to install an Illinois state approved ignition interlock device within 14 days. The ignition interlock device should be installed on all vehicles registered under the offender’s name for 12 consecutive months.

* Note the following information only applies for drivers over the age of 21.

For more information, please contact CyberDrive Illinois.

Disclaimer: While we try to keep information up to date and relevant on our website, we recognize that there are other factors that can affect the way laws will apply to individual cases. Always consult with your attorney, local courts, judges and district attorneys for all relevant legal information.


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