DUI and What It Carries
625 ILCS 5/11-501 — 0.08 or under the influence, a Class A misdemeanor the first time, and a felony from the third
- An alcohol concentration of 0.08 or more in the blood, breath or other bodily substance.
- Being under the influence of alcohol.
- Being under the influence of an intoxicating compound, or another drug, to a degree that makes the person incapable of driving safely.
- Any amount of a controlled substance from unlawful use in the breath, blood, other bodily substance or urine.
- A tetrahydrocannabinol concentration, within 2 hours of driving, at the level the testing section sets.
Who handles this in Illinois: Illinois State Bar Association, Illinois Lawyer Finder; and legal aid programs and the state offices, listed in the Illinois directory.
Any one of those, while driving or in actual physical control of a vehicle, is driving under the influence. Being legally entitled to use the alcohol, cannabis or drug is not a defense.
| Violation | What the section sets |
|---|---|
| ViolationA first | What the section setsA Class A misdemeanor |
| ViolationA second | What the section setsA mandatory minimum of 5 days in jail or 240 hours of community service, on top of any other sanction |
| ViolationA first at 0.16 or more | What the section setsAt least 100 hours of community service and a fine of at least $500 |
| ViolationA second at 0.16 or more | What the section setsAt least 2 days in jail and a fine of at least $1,250 |
| ViolationWith a passenger under 16 | What the section sets6 months of imprisonment, an added fine of at least $1,000, and 25 days of community service |
| ViolationA third | What the section setsA Class 2 felony |
| ViolationA fourth | What the section setsA Class 2 felony, for which probation or conditional discharge may not be imposed |
Aggravated DUI, which includes a third or later violation, driving a school bus with passengers, and a crash causing great bodily harm, is a Class 4 felony unless the section sets a higher class.
Sources for this section (1)
- 625 ILCS 5/11-501 — Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.