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Illinois has an implied consent law:
This means that if you refuse to submit to a chemical test such as a breathalyzer (on the field or back at the station), you maybe face a fine and an automatic license suspension.
| 1st Offense | 2d offense | 3rd Offense | |
|---|---|---|---|
| Refusal to take the test | 1-year license suspension | 3 years license suspension | 3 years license suspension |
What are the penalties for a DUI in Illinois?
| 1st Offense | 2d offense | 3rd Offense | |
|---|---|---|---|
| Jail | Up to 1 year | Up to 1 year | 3 to 7 years |
| Fines and Penalties | Up to $2,500 | Up to $2,500 | Up to $2,500 |
| License Suspension | Min. 1 year | Min. 5 years | Min. 10 years |
| IID** Required | Yes | Yes | Yes |
A first time DUI is usually a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. Additionally, you may be asked to take alcohol classes, pay a fine, and/or perform community service.
However, Some aggravating factors such as Driving on a Suspended License, not having a proper license, or high speeding during the DUI, may increase the charge to Aggravated DUI. To get a better grasp of your individual possible penalties, it is best to speak to an attorney about your specific facts.
The Secretary of State automatically suspends your driver’s license when you are charged with a DUI. The length of this suspension depends on whether you took the field sobriety tests or breathalyzer.
The Secretary of State will mail you a notice that tells you the dates of your suspension. If you hire an experienced DUI attorney promptly, you may be able to get your suspension thrown out. This does not mean that you “win” your DUI case. Likewise, if you win your DUI, you still might have a suspended license. The Secretary of State and the Criminal Court operate on two different levels; so a finding in one does not necessarily have to affect the other.