Illinois DUI Laws 2026
Illinois enforces a 0.08% BAC limit and imposes fines, possible jail time, and a license suspension for a DUI, with harsher penalties for repeat and under-21 offenders.
Illinois enforces a 0.08% BAC limit and imposes fines, possible jail time, and a license suspension for a DUI, with harsher penalties for repeat and under-21 offenders. This page summarizes the typical penalties — always confirm the current statute with your state DMV or a licensed attorney.
| Factor | First offense |
|---|---|
| Blood alcohol limit (general) | 0.08% BAC |
| Limit for commercial drivers (CDL) | 0.04% BAC |
| Limit under 21 (zero tolerance) | 0.02% BAC |
| Fine | $500–$1000 |
| Jail | 0–6 months (possible, not always mandatory) |
| License suspension | 90 days |
| Open container | Illegal to have open container in vehicle |
| Under 21 | Zero tolerance (0.02); license suspended |
First offense vs. repeat offense
| Penalty | First offense | Repeat offense |
|---|---|---|
| Max fine | $500–$1000 | up to $2000 |
| Max jail | 6 months | up to 12 months |
| License suspension | 90 days | Longer, often revocation |
Source & verification
Authority: https://www.nhtsa.gov/risky-driving/drunk-driving. Last verified: 2026-08-04. DUI laws change — check your state before relying on these figures.
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Frequently Asked Questions
Will I go to jail on a first DUI in Illinois?
Possibly. A first offense can carry up to 6 months in jail, though jail is not always mandatory for a first conviction. Courts weigh BAC, prior record, and whether anyone was harmed.
How long is the license suspension in Illinois?
For a first offense, the suspension is generally 90 days. Refusing a chemical test can trigger a longer administrative suspension separate from any criminal penalty.
What happens if I am under 21 in Illinois?
Zero tolerance (0.02); license suspended Even a small amount of alcohol can mean a separate underage DUI charge with its own suspension.
Is an open container illegal in Illinois?
Illegal to have open container in vehicle An open container violation is usually a separate infraction from DUI itself.
What are the penalties for a repeat DUI in Illinois?
A repeat offense raises the max fine to $2000 and jail to up to 12 months, with longer suspensions or revocation. Some states add ignition interlock requirements.