625 ILCS 5/11-501 – Driving Under The Influence (DUI)

625 ILCS 5/11-501 – Driving Under The Influence (DUI)

This law says you cannot drive if alcohol or drugs make you unsafe to drive, and there are serious extra punishments if you do it many times or hurt someone.

This Illinois law explains when driving after using alcohol, drugs, or other substances is illegal and what happens if you break the law. It also gives stronger punishments if you do it again, hurt someone, or were already not supposed to be driving.

Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. This part says what “driving under the influence” (DUI) means in Illinois and that you cannot do it.

(a) You are not allowed to drive or be in control of a vehicle in Illinois if any of these are true:

1. Your blood, breath, or other body fluid has an alcohol level of 0.08 or higher.
2. You have drunk alcohol so that it affects you and you are under the influence of alcohol.
3. You used one or more “intoxicating compounds” (things that can make you high) so much that you cannot drive safely.
4. You used one or more drugs so much that you cannot drive safely, even if the drugs are prescribed or legal for you to use.
5. You used alcohol and drugs or intoxicating compounds together so that you cannot drive safely.
6. There is any amount of certain illegal or controlled drugs, intoxicating compounds, or methamphetamine in your breath, blood, other body fluid, or urine from using them unlawfully.
7. You drove or were in control of a vehicle and, within 2 hours, had a certain level of tetrahydrocannabinol (THC, from cannabis) in your blood or other body fluid. This rule does not apply to a licensed medical cannabis patient with a valid card who uses cannabis lawfully, unless that person is actually impaired by cannabis while driving.

(b) It is not a defense to say that you had a legal right to use alcohol, cannabis, drugs, or intoxicating compounds. Even if a doctor prescribed it or you are allowed to use it, you can still be guilty if you drove under the influence.

(c) Penalties. This part explains the punishments if you break subsection (a).

1. Unless another part of this law says otherwise, someone convicted under subsection (a) is guilty of a Class A misdemeanor, which is a serious crime that can include jail time and fines.
2. Sentence: If you violate subsection (a) or a similar rule a second time, you must get at least 5 days in jail or at least 240 hours of community service, plus any other criminal or license penalties.
3. Sentence: If you break subsection (a) while transporting someone under 16, you can get up to 6 months in jail, must pay at least a $1,000 fine, and must do at least 25 days of community service in a program that helps children, in addition to any other punishment.
4. Sentence: If this is your first violation of subsection (a) and your alcohol level was 0.16 or higher, you must do at least 100 hours of community service and pay at least a $500 fine, on top of any other punishment.
5. Sentence: If this is your second violation of subsection (a) and, at that time, your alcohol level was 0.16 or higher, you must serve at least 2 days in jail and pay at least a $1,250 fine, in addition to any other punishment.

(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof. This part explains when a DUI becomes “aggravated,” which means it is more serious and is charged as a felony.

1. Someone who breaks this DUI law commits aggravated DUI if any of the following are true:
   1. The person violates subsection (a) or a similar rule for the third time or more.
   2. The person violates subsection (a) while driving a school bus with one or more passengers on board.
   3. The person violates subsection (a) and causes a crash that leads to great bodily harm, permanent disability, or permanent disfigurement to someone else, when the DUI is a main cause of the injuries.
   4. The person violates subsection (a) and has already been convicted of certain reckless homicide crimes where being under the influence was part of the crime, or has already been convicted of certain aggravated DUI injury or death offenses.
   5. The person violates subsection (a) while driving at any speed in a school speed zone where the speed limit is 20 miles per hour, and causes a crash that results in bodily harm (but not great bodily harm or permanent disability or disfigurement) to another person, when the DUI is a main cause of the harm.
   6. The person violates subsection (a) and is involved in a crash or accident with a car, snowmobile, all-terrain vehicle, or watercraft that causes someone’s death, when the DUI is a main cause of the death.
   7. The person violates subsection (a) while his or her driver’s license is revoked or suspended for a prior DUI, a related license suspension, leaving the scene of a crash with injury or death, or certain reckless homicide offenses.
   8. The person violates subsection (a) while not having any valid driver’s license, permit, restricted driving permit, judicial driving permit, or monitoring device driving permit.
   9. The person violates subsection (a) while knowing or having reason to know that the vehicle does not have liability insurance.
   10. The person violates subsection (a) and causes a crash that injures (but does not cause great bodily harm) a child under 16 who is being transported by that person, when the DUI is a main cause of the child’s injury.
   11. The person commits a second violation of subsection (a) or a similar rule while transporting someone under 16.
   12. The person violates subsection (a) while transporting one or more passengers in a vehicle for hire, such as a taxi or ride service.
2. 1. Sentence: Unless another part of this law says differently, a person convicted of aggravated DUI is guilty of a Class 4 felony.
   2. Sentence: A third DUI or similar violation is a Class 2 felony. If, at the time of the third violation, the alcohol level was 0.16 or higher, the person must serve at least 90 days in jail and pay at least a $2,500 fine, in addition to any other punishment. If, at the time of the third violation, the person was transporting someone under 16, there must be a $25,000 fine and 25 days of community service in a program helping children, in addition to any other punishment.
   3. Sentence: A fourth DUI or similar violation is a Class 2 felony, and the court cannot give probation or conditional discharge instead of prison. If, at the time of the fourth violation, the alcohol level was 0.16 or higher, there must be at least a $5,000 fine, in addition to any other punishment. If, at the time of the fourth violation, the person was transporting someone under 16, there must be a $25,000 fine and 25 days of community service in a program helping children, in addition to any other punishment.
   4. Sentence: A fifth DUI or similar violation is a Class 1 felony, and the court cannot give probation or conditional discharge. If, at the time of the fifth violation, the alcohol level was 0.16 or higher, there must be at least a $5,000 fine, in addition to any other punishment. If, at the time of the fifth violation, the person was transporting someone under 16, there must be a $25,000 fine and 25 days of community service in a program helping children, in addition to any other punishment.
   5. Sentence: A sixth or later DUI or similar violation is a Class X felony. If, at the time of the violation, the alcohol level was 0.16 or higher, there must be at least a $5,000 fine, in addition to any other punishment. If, at the time of the violation, the person was transporting someone under 16, there must be a $25,000 fine and 25 days of community service in a program helping children, in addition to any other punishment.
   6. Sentence: For a violation that causes great bodily harm, permanent disability, or permanent disfigurement under subparagraph (C) of paragraph (1) of this subsection (d), if the person is sent to prison, the prison term must be at least 1 year and no more than 12 years.
   7. Sentence: For a violation that causes a death under subparagraph (F) of paragraph (1) of this subsection (d), it is a Class 2 felony. Unless the court finds very special reasons to allow probation, the person must be sent to prison for:
      1. At least 3 years and no more than 14 years if one person died; or
      2. At least 6 years and no more than 28 years if 2 or more people died.
   8. Sentence: For a violation that injures a child passenger under subparagraph (J) of paragraph (1) of this subsection (d), there must be a $2,500 fine and 25 days of community service in a program helping children, in addition to any other punishment.
   9. Sentence: A violation of subparagraph (K) of paragraph (1) of this subsection (d) (a second DUI while transporting someone under 16) is a Class 2 felony. There must be a $2,500 fine and 25 days of community service in a program helping children, in addition to any other punishment. If the child being transported suffers bodily harm (but not great bodily harm) in a crash caused by the DUI, there must be a $5,000 fine and 25 days of community service in a program helping children, in addition to any other punishment.
   10. Sentence: A violation of subparagraph (D) of paragraph (1) of this subsection (d), involving certain prior reckless homicide or similar aggravated DUI convictions, is a Class 3 felony, and the court cannot give probation or conditional discharge.
3. Sentence: Anyone sentenced under subsection (d) who does get probation or conditional discharge must still serve at least 480 hours of community service or at least 10 days in jail as a condition, along with any other punishment.

(e) When this law talks about a prior violation of subsection (a) or a similar rule, it also includes similar DUI violations under local city or county laws, other states’ laws, or on a military base.

(f) If the law says there is a required amount of jail time or community service for a DUI, the judge cannot lower, skip, or suspend that required time.

(g) If you drive when your license was already revoked because of a prior DUI under this law, any punishment for driving on a revoked license is added on top of the punishment for the new DUI. The penalties stack and do not replace each other.

(h) In any case under this DUI law, a certified copy of the driver’s official driving record can be used in court to prove any past convictions.

View the full statute here.

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