Illinois DUIHISTORY OF DUI LAWS IN ILLINOIS SERVICES PROGRAMS PRESS PUBLICATIONS DEPARTMENTS CONTACT History of DUI Laws in Illinois Effective Jan. 1, 1958 Established a .15 percent BAC limit at which a driver is presumed to be under the influence of alcohol. Effective Jan. 1, 1967 Lowered the illegal BAC limit from .15 to .10 percent. Effective Jan. 1, 1980 Established 21 as the minimum drinking age. Effective Jan. 1, 1984 Established mandatory 48-hour imprisonment or 10 days of community service for a second or subsequent DUI conviction. Added victims of DUI to the Crime Victims Compensation Act. Required the courts to notify the Secretary of State of case dispositions or court supervisions for DUI and other serious offenses for entry on the central driver database. Effective Jan. 1, 1986 Established the driver's license statutory summary suspension program to allow the automatic suspension of driving privileges for refusal to submit to or failure of chemical testing following arrest for DUI. Included DUI victims in the "Bill of Rights for Crime Victims"; mandated pre-sentence professional alcohol or drug evaluation for DUI offenders, and provided for driver's license suspension for refusal of chemical testing in another state. Effective Sept. 12, 1986 Provided that any person under age 21 who is convicted of a second DUI offense shall have all driving privileges revoked by the Secretary of State until the licensee attains the age of 21 or for one additional year, whichever is longer. Effective Jan. 1, 1988 Established minimum lengths of time prior to a multiple offender being allowed to apply for a driver's license after revocation for DUI: minimum of three years for second offense and minimum of six years for third or subsequent offense. Effective Sept. 21, 1989 Provided for a 24-month driver's license suspension with a minimum six months of "hard" suspension (no permits) for refusing to submit to chemical testing for second and subsequent offenses. Effective Jan. 1, 1991 Provided for suspension of driving privileges for a driver involved in a serious personal injury or fatal motor vehicle crash who was at fault and who refused to submit to or failed chemical testing (.10 percent BAC or greater). Effective July 1, 1991 Provided for the cancellation of a drivers license for a driver convicted of violating the Cannabis Control Act or the Illinois Controlled Substances Act while operating a motor vehicle. Effective Nov. 3, 1992 Crime Victims' Rights Constitutional Amendment guarantees and protects the rights of crime victims, including those victimized by DUI. Effective Jan. 1, 1993 Drivers convicted of DUI within the last 10 years, rather than five years, shall not be eligible for court supervision. Child Endangerment Law — Drivers convicted of DUI while transporting a person age 16 or younger are subject to a minimum fine and mandatory community service in a program benefiting children. Effective Jan. 1, 1994 Drivers under age 21 at the time of offense face a one-year drivers license suspension for illegal transportation of alcohol. Driving privileges are revoked on the second or subsequent offense. Effective Jan. 1, 1995 "Use It & Lose It" law — Drivers under age 21 caught with even a trace of alcohol in their systems will lose their driving privileges. Effective July 21, 1995 Multiple offenders suspended for refusal to submit to chemical testing are ineligible for restricted driving permits. Effective Jan. 1, 1997 Court supervision for DUI offense limited to once in a lifetime. Results of blood or urine tests performed for the purpose of determining the content of alcohol, other drugs or both, in an individual's blood or urine conducted during medical treatment in a hospital emergency room for injuries resulting from a motor vehicle crash may be reported to the Illinois State Police or local law enforcement agencies. Effective July 2, 1997 Lowered the BAC limit at which a driver is considered to be under the influence of alcohol from .10 to .08. Effective Dec. 1, 1997 Increased the revocation period to five years for a second DUI conviction and to 10 years for a third or subsequent conviction within 20 years. Increased the revocation period for the conviction of reckless homicide (DUI) to two years. Effective Jan. 1, 1998 School bus drivers caught driving a school bus with any trace of alcohol in their systems will lose their school bus driver permits. Maximum fines increased for criminal penalties: petty offenses up to $1,000, misdemeanors up to $2,500, felonies up to $25,000. Effective Jan. 1, 1999 Ensured that a person convicted of a fourth DUI violation will not be allowed to apply for a license. Increased penalties for a person convicted of DUI charges while the license is suspended or revoked, and allowed for seizure of the vehicle. Increased the summary suspension from two years to three years for a repeat or subsequent DUI offender who refuses or fails to complete a DUI test. Imposed a summary suspension and revocation fee of $250 for a driver charged with second or subsequent DUI violations. Increased the impoundment period for the vehicle of a DUI suspect on a graduated basis depending on the number of DUI arrests. If charged with driving while suspended or revoked, and the revocation or suspension is for a violation of DUI, the person is not eligible for supervision if, in the last 10 years, the person has been convicted of or received supervision for driving while suspended or revoked. Included the phrase "intoxicating compounds," such as sniffing paint and glue, under the DUI law. Required hospital emergency rooms to report chemical test results of individuals treated in motor vehicle crashes to Illinois State Police or law enforcement officials upon request. Effective Jan. 1, 2000 Made permanent the Breath Alcohol Ignition Interlock Device ( BAIID ) Program, which uses an electronic breath-alcohol monitoring device to help prevent repeat drunk drivers from driving under the influence. Prohibited court supervision for individuals with previous out-of-state DUI or reckless driving convictions. Effective Oct. 1, 2000 Required all court supervisions for traffic violations to be reported to the Secretary of State. Effective July 27, 2001 Any person who commits a DUI for the fourth or subsequent time during the time his/her license is suspended or revoked for a prior DUI conviction or a conviction for an accident involving death or personal injury is not eligible to receive probation at time of sentencing. Effective Aug. 3, 2001 Prohibited the Secretary of State from issuing a restricted driving permit (RDP) for a period of one year after a second or subsequent revocation of driving privileges for driving under the influence. Increased minimum imprisonment and community service terms for a second DUI violation committed within five years of a previous violation from 48 consecutive hours of imprisonment to five days and from 100 hours of community service to 30 days. Effective Aug. 10, 2001 Set mandatory minimum jail sentencing and community service for individuals who drive with a suspended or revoked drivers license as a result of DUI, reckless homicide, leaving the scene of an accident or statutory summary suspension. Upon a fourth conviction, judicial authorities have the discretion of seizing or immobilizing an offenders vehicle. Effective Aug. 17, 2001 Extended prison sentences for felony DUI convictions. Created a new category of driving under the influence for those driving with a BAC of .16 or greater. Provided enhanced penalties with mandatory minimum sentencing requirements. Enhanced penalties, including mandatory minimum prison and community service sentences, for individuals who drive under the influence of alcohol or other intoxicating compounds with a child under age 16 in the vehicle. Required the installation of a Breath Alcohol Ignition Interlock Device ( BAIID ) in the vehicle of any individual with two or more DUI incidents. Provided that a monthly fee be charged for the maintenance of the BAIID device and money generated from this fee be deposited into the Secretary of States DUI Administration Fund. Set a $50 fee for any individual requesting a formal hearing with the Office of the Secretary of State for the purposes of asking for restricted driving relief or reinstatement of driving privileges. Effective Jan. 1, 2002 Provided for an additional $100 fine for any person convicted of driving under the influence. This money is deposited into the Trauma Center Fund for distribution to Illinois hospitals and trauma centers. Provided that a person sentenced to reckless homicide shall not be permitted to drive until 24 months after the date of his or her release from prison. This 24-month period does not commence until the expiration of any period of mandatory supervised release or parole. Effective July 16, 2002 Provided for the seizure and forfeiture of a persons vehicle who is convicted of driving on a revoked or suspended drivers license, if the suspension or revocation was the result of a conviction for DUI, leaving the scene of a personal injury accident, reckless homicide, or for a statutory summary suspension related to the use of alcohol, drugs or intoxicating compounds. Effective Jan. 1, 2003 Requires local liquor commissioners to report to the Secretary of State any conviction of a person under age 21 that purchases, accepts, possesses or consumes alcoholic liquor. A violation results in a one-year suspension or revocation of driving privileges. Established mandatory minimum fines of $500 for a first offense and $2,000 for a second offense for persons providing alcohol to minors. If the provision of alcohol results in a death, it is a Class 4 felony carrying one to three years possible imprisonment and fines of up to $25,000. Effective Jan. 1, 2003 Established mandatory minimum fines of $500 for a first offense and $2,000 for a second offense for persons providing alcohol to minors. If the provision of alcohol results in a death, it is considered a Class 4 felony carrying one to three years possible imprisonment and fines of up to $25,000. Effective July 18, 2003 Established the offense of Aggravated DUI involving a death. The offense is a Class 2 felony carrying a possible three to 13 years imprisonment if the violation resulted in the death of one person, or six to 26 years imprisonment if the violation resulted in the deaths of two or more persons (only if the defendant is sentenced to a term of imprisonment). Effective Jan. 1, 2004 Provides that operating a watercraft or snowmobile under the influence of intoxicating compounds is prohibited. Provides that any person convicted of or pleading guilty to driving under the influence of alcohol, drugs or intoxicating compounds, including any person receiving a disposition of court supervision for the offense, may be required by the court to attend a victim impact panel presented by one of several specified organizations. Provides that the court may impose as a condition of the bail of a defendant charged with DUI that the defendant refrain from operating a motor vehicle not equipped with a Breath-Alcohol Ignition Interlock Device. Effective June 1, 2004 Provides that reckless driving in a construction or maintenance zone resulting in a death is reckless homicide, a Class 2 felony and, if a defendent is sentenced to imprisonment, he or she shall be sentenced to three to 14 years. If the offense involves the death of two or more persons as part of a single course of conduct, and, if sentenced to imprisonment, a defendant shall be sentenced to 6 to 28 years. Effective July 6, 2004 Made leaving the scene of an accident a Class 4 felony with possible imprisonment of one to three years in prison. Requires a driver who leaves the scene of an accident to report the accident to local law enforcement within 30 minutes of the time of the accident (rather than one hour). Effective July 12, 2004 If a person is convicted in another state of an offense similar to the Illinois reckless homicide statute, that person may not be granted full driving privileges for two years from the date on which the persons driving privileges were revoked or suspended, or within 24 months of the person being released from a prison term for commission of the offense. A person who commits the offense of driving under the influence of alcohol, drugs, intoxicating compounds, or any combination of them is guilty of aggravated DUI if the person previously had been convicted in another state of an offense similar to reckless homicide and the persons intoxication was an element of the offense. Effective Oct. 1, 2004 Creates the right of action for unlimited civil damages against any person over age 18 who provided or contributed alcohol or illegal drugs to anyone under age 18 and the provision of alcohol results in a death. Allows such suit for damages, injury or death if caused by the impaired minor. Drivers Arrested for DUI County 2001 2002 2003 Adams 290 336 244 Alexander 32 41 43 Bond 40 26 26 Boone 209 227 309 Brown 11 19 26 Bureau 168 185 181 Calhoun 21 23 13 Carroll 48 56 58 Cass 89 96 81 Champaign 600 681 721 Christian 101 121 100 Clark 76 92 96 Clay 39 35 27 Clinton 58 63 97 Coles 322 283 308 Cook —Dist. 1 5,612 5,954 5,764 —Dist. 2 1,387 1,672 1,788 —Dist. 3 3,381 3,386 3,257 —Dist. 4 1,166 1,024 944 —Dist. 5 1,809 1,965 1,787 —Dist. 6 1,143 1,414 1,216 Crawford 111 121 100 Cumberland 49 77 62 DeKalb 523 619 671 DeWitt 68 111 75 Douglas 63 67 88 DuPage 5,144 5,323 5,400 Edgar 78 44 42 Edwards 7 9 19 Effingham 223 233 208 Fayette 84 93 81 Ford 67 73 77 Franklin 165 160 150 Fulton 213 170 172 Gallatin 25 48 54 Greene 61 64 94 Grundy 256 256 185 Hamilton 24 31 20 Hancock 86 100 103 Hardin 16 11 13 Henderson 85 78 47 Henry 190 231 198 Iroquois 158 141 124 Jackson 486 661 673 Jasper 33 27 30 Jefferson 162 195 195 Jersey 216 247 200 JoDaviess 155 129 161 Johnson 63 65 47 Kane 1,758 1,506 1,388 Kankakee 478 470 393 Kendall 235 239 186 Knox 252 274 218 Lake 5,091 4,950 4,884 LaSalle 671 665 645 Lawrence 129 75 75 Lee 166 149 114 Livingston 159 158 206 Logan 126 120 93 McDonough 260 288 267 McHenry 1,195 1,337 1,349 McLean 659 785 741 Macon 380 304 281 Macoupin 268 237 228 Madison 1,204 1,218 1,000 Marion 176 201 194 Marshall 26 46 36 Mason 20 39 44 Massac 130 114 110 Menard 26 46 30 Mercer 86 87 75 Monroe 142 199 197 Montgomery 187 185 189 Morgan 138 148 160 Moultrie 54 52 52 Ogle 187 211 200 Peoria 750 771 653 Perry 108 107 68 Piatt 54 66 68 Pike 51 60 76 Pope 13 12 19 Pulaski 28 59 67 Putna 31 27 16 Randolph 174 147 131 Richland 72 68 53 Rock Island 1,147 1,220 1,119 St. Clair 984 1,220 1,291 Saline 133 163 125 Sangamon 849 990 1,319 Schuyler 29 28 22 Scott 13 7 10 Shelby 105 113 97 Stark 10 9 7 Stephenson 193 221 166 Tazewell 703 752 651 Union 111 79 62 Vermilion 412 304 312 Wabash 75 94 66 Warren 85 77 108 Washington 88 63 69 Wayne 38 30 44 White 87 93 99 Whiteside 285 295 265 Will 1,659 1,598 1,126 Williamson 284 315 253 Winnebago 1,397 1,362 1,348 Woodford 92 113 123 Cook Downstate 14,498 35,178 14,498 35,178 14,756 34,813 Statewide 49,676 51,649 49,569 Table of Contents Message | DUI | DUI Facts | Chronology of a DUI Arrest | Statutory Summary Suspension | Penalties for a DUI Conviction | Driving with a BAC of .16 or Greater | DUI with a Child in the Vehicle | Penalties for Other Alcohol-Related Offenses | Administrative License Revocations | Judicial Hearings | Driving Permits | Driver's License Reinstatement | Case Dispositions | Average Cost of a DUI Conviction | "Use It & Lose It" | Offenses Related to Underage Drinking | Secretary of State Programs | Victims Rights | Emergency Room Reporting of Injured Impaired Drivers | History of DUI Laws in Illinois | This edition of the DUI Fact Book is as accurate as possible at the time of publication. This manual does not cover every aspect of Illinois' DUI laws and should not be cited as a legal authority in court. BACK TO CYBERDRIVEILLINOIS.COM HOME PAGE
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