DUI: the Sobering Truth

              Aggravated DUI
Includes a third or subsequent DUI, a DUI while driving a school bus
with children, a DUI resulting in great bodily harm or death or a DUI
violation after a previous conviction of reckless homicide or aggravated
DUI involving a death.
• Class 4 Felony
• possible 1-3 years imprisonment
• If resulting in great bodily harm, possible 1-12 years imprisonment
• If resulting in death, Class 2 Felony, possible 3-14 years imprisonment
(multiple deaths, possible 6-28 years imprisonment)
Contributing to DUI
Knowingly allowing a person to operate your vehicle under the
influence of alcohol or other drugs.
• Class A Misdemeanor
• possible 0-12 months imprisonment
Driving While Suspended or Revoked
If a person’s driver’s license is suspended or revoked for DUI, leaving
the scene of a personal injury or fatal crash, reckless homicide or
Statutory Summary Suspension, he/she faces enhanced penalties if
caught driving during the suspension/revocation period.
First conviction
• Class A Misdemeanor
• possible 0-12 months imprisonment
• mandatory minimum 10 consecutive days in jail or 30 days
community service
• original suspension/revocation period extended
Second or subsequent conviction
• Class 4 Felony
• possible 1-3 years imprisonment
• mandatory minimum 30 days or up to a minimum of 180 days in jail
(depending on number of offenses)
• original suspension/revocation period extended
Driver’s License Suspension
A suspension is the temporary loss of driving privileges for a specific
length of time. Suspended drivers must comply with all requirements and
pay any fees to obtain reinstatement of driving privileges.
Driver’s License Revocation
A revocation is the loss of driving privileges with no guarantee of
reinstatement. An individual may apply for reinstatement at the end of
the revocation period. An administrative hearing, remedial education,
recent alcohol/drug assessment, substance abuse treatment and
payment of applicable fees also are required. If approved, reinstatement
requires retesting and fees for a new driver’s license.
Implied Consent
By driving on Illinois roadways, a driver agrees to submit to testing for
alcohol or other drugs. Refusing to submit to testing results in a longer
suspension of driving privileges than that received for test failure. A test
refusal can be used as evidence in a DUI case.
Open Container
It is illegal to transport or possess an alcoholic beverage in the passenger
area of a vehicle when it is not in its original package or when the seal
has been opened or broken. All passengers can be charged and fined;
however, only the driver will have the conviction on his/her driving
record. Chartered buses not for school use, limousines, motor homes and
mini-motor homes are exempt.
First conviction
• 1-year driver’s license suspension (under age 21)
Second conviction within 1 year
• 1-year driver’s license suspension (age 21 and over)
• driver’s license revocation (under 21)
Reckless Homicide
A DUI crash resulting in death.
• Class 2 Felony
• possible 3-14 years imprisonment (multiple deaths 6-28 years),
minimum 2 year driver’s license revocation
Vehicle Impoundment/Seizure
A driver may have his/her vehicle impounded or seized if arrested for
DUI or driving while suspended or revoked for a previous DUI. Local
home rules in cities and counties may have unique provisions for vehicle
impoundment and/or seizure.
For more information or to schedule a presentation on
DUI and traffic safety laws, please contact:
Secretary of State
2701 S. Dirksen Parkway
Springfield, IL 62723
217-557-1458
or
17 N. State St.
Chicago, IL 60602
312-814-2905
DRIVE RESPONSIBLY
STAY OVERNIGHT
DESIGNATE A DRIVER
USE PUBLIC TRANSPORATTION
Printed by authority of the State of Illinois. DSD A 149.2 — GA 399 — January 2004
Jesse White
Secretary of State