Drinking and Driving (DUI) Laws in Illinois

If you are stopped and ticketed for any reason, a police officer may request that you take a chemical test.Like many states, Illinois has a zero tolerance law for underage drinking and driving, also known as the “Use It & Lose It” law. As its name suggests, the zero tolerance law punishes drivers who have any trace of alcohol in their system. If you are under the age of 21 and are found to have any alcohol in your system, you will lose your driving privileges.
Here’s how it works:

If the test shows that you have alcohol in your system, the police officer will submit a sworn statement to the office of the Secretary of State.
Your Illinois drivers license will be suspended.

What Exactly Are the Rules?

If you are under the age of 21, you are not allowed to purchase/accept/possess/consume alcoholic beverages.
- Exceptions are made for the consumption of alcohol in the performance of a religious service, and for the use of the recommended dosage of medicine.
If you are under 21 and you receive court supervision for any of these infractions, your driving privileges will be suspended for 3 months.

What Are the Penalties?

The penalties for underage drinking and driving depend on the driver’s BAC, but they always include the loss of driving privileges. If your BAC is under 0.08, the suspension periods are as follows:

1st Offense: 3-month suspension
- 6 months if you refuse to take the test
2nd Offense: 1-year suspension
- 2 years if you refuse to take the test
You will not get your driving privileges back until you pay all required reinstatement fees.

These are the consequences if you are under 21 and have any alcohol in your system, but what happens if you’re actually over the legal limit of 0.08?
You can be charged with a DUI in three ways:

Your BAC is 0.08 or higher
Your BAC is over 0.05 and there is additional evidence that proves that you are impaired
You have any illegal drugs in your system

First DUI Penalties

At least a 2-year loss of driving privileges
Up to $2,500 in fines
Possible imprisonment for as much as 1 year

Second DUI Penalties

At least a 5-year loss of driving privileges
Either 5 days of imprisonment or 240 hours of community service
Up to $2,500 in fines
Possible imprisonment for as much as 1 year

Third DUI Penalties

At least a 10-year loss of driving privileges
Required periodic imprisonment between 18 and 30 months
Up to $25,000 in fines
Possible imprisonment for as much as 7 years

What About the Other Offenses?

While underage drinking and driving is a major offense, it’s not the only way alcohol can get you in trouble when you’re behind the wheel. Even if you haven’t had anything to drink, if you are transporting alcohol in the passenger area of your vehicle, you will face consequences.

Penalties for Illegally Carrying Alcohol

1st conviction: Your drivers license will be suspended for 1 year (12 months).
2nd conviction: Your drivers license will be revoked for at least 1 year (12 months), and your vehicle registration will be suspended.
You will pay a fine of up to $1,000.

None of these offenses are worth the tremendous hassle they place on you; you may think drinking is cool, but if you mix it with driving, you’ll face uncool consequences like not being able to drive. So save yourself the risk: don’t drink and drive!