Illinois DUI/DWI Laws: Penalties, Court Process, and Records

In the United States, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) count as criminal offenses. Illinois uses the term DUI to refer to impaired driving due to drug or alcohol intoxication. DUI offenses have strict penalties such as mandatory license suspension, fines, and incarceration.

What Is a DUI in Illinois?

According to Illinois Law 625 ILCS 5/11-501, an individual commits a DUI if they drive or are in actual physical control of a vehicle while impaired by alcohol, drugs, or any intoxicating substance. The legal blood alcohol concentration (BAC) limits are 0.08% or higher for drivers 21 and older, 0.04% or higher for commercial drivers, and any detectable amount for drivers under 21.

In Illinois, drug-related DUIs, including those associated with prescription medications, illegal drugs, or impairing substances, are also prosecuted by the state. A driver can be charged with DUI even with a blood alcohol concentration that is below 0.08% as long as signs of impairment are present.

DUI Penalties in Illinois

With a lifetime look-back period, all prior DUI convictions are considered when determining sentencing in Illinois.

• First DUI Offense (Class A misdemeanor):

In Illinois, a first-time DUI offender may be sentenced to one year in jail and have their license suspended by the Illinois Secretary of State. Other punishments include fines of up to $2,500, mandatory alcohol or drug evaluation, and court supervision.

• Second DUI Offense (Class A misdemeanor):

A second DUI offense is punishable by a mandatory minimum of 5 days in jail or 240 hours of community service. Also, the state may issue other punishments such as a five-year driver’s license revocation, fines of up to $2,500, and the required installation of an Ignition Interlock Device (IID).

• Third DUI Offense (Class 2 felony)

For a third DUI offense, the offender may face between 3 and 7 years of incarceration. Additional penalties include the revocation of the driver’s license for 10 years and a fine of up to $25,000.

• Fourth or Subsequent DUI (Felony)

As a Class 1 felony, a subsequent DUI offense carries a penalty of 4 to 15 years of incarceration. It becomes a Class X felony if it involves aggravated circumstances and can be punished by 6 to 30 years imprisonment.

DUI Arrest and Court Process in Illinois

In Illinois, DUI cases involve both administrative and criminal proceedings:

1. Traffic Stop and Arrest – If a driver shows signs of impairment while driving, a law enforcement officer can stop them. Then, the driver may be asked to take a field sobriety test and can be arrested if probable cause is found.
2. Booking and Charges – The driver is fingerprinted, photographed, and booked into the county jail by the relevant law enforcement.
3. Statutory Summary Suspension – Unless contested, the Illinois Secretary of State can impose an automatic license suspension after the arrest.
4. Arraignment – The DUI charges are formally read in court at arraignment. The defendant must then enter a plea of guilty, not guilty, or no contest.
5. Pre-Trial Hearings – Both parties can exchange evidence before trial. Also, motions can be filed to challenge the arrest or test results.
6. Trial – If the case is unresolved, it proceeds to trial before a judge or jury.
7. Sentencing – The defendant may be sentenced to jail, asked to pay a fine, or both.

The judge has the discretion to sentence an eligible first-time offender to court supervision instead of a conviction.

How to Search for DUI Records in Illinois

In Illinois, interested parties can locate public DUI records through third-party platforms and government offices:

• Illinois Courts Online: By entering a case number or party name, record seekers can find DUI records through the Judici or Circuit Clerk Portals.
• Illinois Secretary of State – Driver Services Department: This office maintains official driving records, including DUI convictions and license suspension records.
• County Circuit Clerk Offices: As the custodians of court records, Circuit Clerks provide access to certified copies of DUI cases.
• Illinois State Police (ISP): Anyone can visit the Bureau of Identification of the ISP to request their personal criminal records or request background checks.
• Third-Party Background Check Services: Although information may not be up-to-date, third-party platforms offer remote access to DUI information.

While seeking DUI records in Illinois, requesters may find certain information like the conviction status, sentencing, and license restrictions.

How Long Does a DUI Stay on Your Record in Illinois?

Illinois is one of the strictest states regarding DUI record retention in the United States:

• Criminal Record: A DUI conviction is permanently on an individual’s criminal record. It is important to note that Illinois does not allow the expungement or sealing of DUI conviction records even for first-time offenders.
• Driving Record: A DUI conviction remains permanently on an Illinois driving record.
• Employment: Employers and licensing agencies can access DUI records for background checks.

Illinois has some of the nation’s strictest DUI laws, as a third or subsequent DUI conviction can be charged as a felony. Also, the public can find DUI records in the relevant government offices, designated county portals, or through third-party websites. Drivers must understand the Illinois DUI system due to its long-lasting consequences.