Can You Go to Jail for Not Having a License
How Illinois defines driving under the influence (DUI) and the consequences of a conviction.
In Illinois, a person can be convicted of DUI for driving or being in "actual physical control" of a motor vehicle:
- with a blood alcohol content (BAC) of .08% or more
- while under the influence of alcohol
- while under the influence of any intoxicating compound, drug, or a combination of alcohol, drugs, or intoxicating compounds to a degree that renders the person incapable of driving safely
- with any amount of a controlled substance in the person's blood, urine, or other bodily substance, or
- with a tetrahydrocannabinol (THC) concentration of five nanograms or more in the blood or ten nanograms or more in another bodily substance within two hours of driving or being in actual physical control of a vehicle.
When a person is arrested for DUI, there are generally administrative (license-related) penalties imposed. If an offender is later convicted of DUI in court, criminal penalties will also be imposed.
Jail Time and Fines for Illinois DUI Convictions
The penalties imposed for DUI convictions generally depend on the following factors:
- the defendant's BAC
- the defendant's age
- whether the defendant was transporting a passenger under 16 years of age, and
- whether the defendant has prior DUI convictions.
The charts below detail the minimum and maximum jail sentences and fines for first, second, and third DUI convictions.
First DUI Conviction in Illinois
| 1st Offense | 1st Offense (BAC .16% or more) | 1st Offense (Passenger under 16 years old) | |
| Jail Time | 364 days (maximum) | 364 days (maximum) | 6 months |
| Fines | $2,500 (maximum) | $500 (minimum) | $1,000 (minimum) |
Second DUI Conviction in Illinois
| 2nd Offense | 2nd Offense (BAC .16% or more) | 2nd Offense (Passenger under 16 years old) | |
| Jail Time | 5 days (or 240 hours of community service) to 364 days | 2 days (minimum) | 10 days (or 480 hours of community service) to 7 years |
| Fines | $2,500 (maximum) | $1,250 (minimum) | $2,500 to $25,000 |
Third DUI Conviction in Illinois
| 3rd Offense (BAC .16% or more) | 3rd Offense (Passenger under 16 years old) | ||
| Jail Time | 10 days (or 480 hours of community service) to 7 years | 90 days (minimum) | 10 days (or 480 hours of community service) to 7 years |
| Fines | $25,00 (maximum) | $1,250 (minimum) | $25,000 (minimum) |
License Suspensions for DUI Convictions in Illinois
Motorists convicted of DUI face driver's license suspensions. The suspension periods for first, second, and third convictions are as follows:
| 1st Offense | 2nd Offense | 3rd Offense | |
| Suspension Period | 1 year (2 years if driver is under 21 years old) | 5 years | 10 years |
After a first conviction, the defendant can apply for a restrictive driving permit (RDP) to drive for work, school, medical appointments, drug/alcohol treatment, and in other limited circumstances. The defendant must demonstrate that a hardship exists and there's no danger to public safety.
To regain full driving privileges after a second or subsequent DUI conviction, the defendant must first hold an RDP for five continuous years. Additionally, an ignition interlock device (IID) must be installed in the vehicle and used for five years.
Illinois's Implied Consent Law and Refusing Chemical Testing
Illinois's implied consent law requires all motorists to submit to chemical testing of breath, blood, urine, and/or another bodily substance if there's probable cause to believe the person was driving under the influence. The Secretary of State will automatically suspend the license of any motorist who fails or refuses to take a chemical test.
This administrative suspension ("statutory summary suspension") is for the following periods:
| 1st Offense | 2nd or Subsequent Offense | |
| Suspension Period for Failed Test | 6 months | 1 year |
| Suspension Period for Test Refusal | 1 year | 3 years |
Underage DUI License Suspension
Drivers under 21 years of age are subject to a zero-tolerance license suspension for failing or refusing a chemical test. If an underage driver refuses a test or has a BAC of more than .00% and less than .08%, the suspension periods are:
| 1st Offense | 2nd or Subsequent Offense | |
| Suspension Period for Failed Test | 3 months | 1 year |
| Suspension Period for Test Refusal | 6 months | 2 years |
Other Penalties for DUI Convictions in Illinois
Alcohol/drug evaluation and treatment. All DUI offenders must complete an alcohol/drug evaluation. The defendant must undergo recommended treatment if the evaluation indicates a substance abuse problem. Generally, the defendant is responsible for the costs associated with the evaluation and treatment.
Victim impact panel (VIP). All offenders are usually required to attend a VIP and pay the fee for the panel. The VIP is a panel of speakers that focuses discussions on the consequences of DUI related crashes.
Can You Go to Jail for Not Having a License
Source: https://www.nolo.com/legal-encyclopedia/illinois-dui-dwi-33647.html
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