2024-2025 Student Handbook

Illinois Penalties for Drinking and Driving Under Age 21

  1. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof
    1. First Conviction
      1. Minimum of two-year loss of full driving privileges
      2. Possible imprisonment for up to one year
      3. Maximum fine of $2,500
    2. Second Conviction
      1. Minimum five-year loss of full driving privileges for a second conviction in a 20-year period
      2. Mandatory five days imprisonment or 240 hours of community service
      3. Possible imprisonment for up to one year
      4. Maximum fine of $25,000
    3. Third Conviction – Class 2 Felony
      1. Minimum ten-year loss of full driving privileges
      2. Mandatory 18-30 month periodic imprisonment
      3. Possible imprisonment for up to seven years
      4. Maximum fine of $25,000
    4. Aggravated DUI – Class 4 Felony (following a crash resulting in great bodily harm or permanent disfigurement)
      1. Minimum of one-year loss of full driving privileges
      2. Possible imprisonment for up to twelve years
      3. Maximum fine of $25,000
    5. Other alcohol offenses
      1. Illegal transportation of an alcoholic beverage
        1. Maximum fine of $1,000
        2. Driver’s license suspended for first conviction
        3. Driver’s license revoked for a second conviction
      2. Summary Suspension
        1. First offense
          1. A chemical test indication a BAC of .08 or greater results in a mandatory six-month driver’s license suspension
          2. Refusal to submit to a chemical test(s) results in a twelve-month suspension
        2. Subsequent offenses
          1. A chemical test indicating a BAC of .08 or greater results in a mandatory one-year driver’s license suspension
          2. Refusal to submit to a chemical test(s) results in a three-year license suspension
    6. The Zero Tolerance Law provides that minors can have their driving privileges suspended even if they're not intoxicated at the .08 level. The following table shows the length of time your driving privileges may be suspended under the Zero Tolerance Law (for BAC of .01 or greater) and DUI Laws (for BAC of .08 or greater). The loss of driving privileges is greater if you refuse to take a sobriety test.
      Violation Type
      Under Zero Tolerance Law (BAC of .01 or Greater)
      Under DUI Laws
      (BAC of .08 or Greater)
      1st Violation: Loss of Driving Privileges
      3 months
      6 months
      1st Violation: Loss of Driving Privileges Test Refusal
      6 months
      12 months
      2nd Violation: Loss of Driving Privileges
      1 year
      1 year
      2nd Violation Loss of Driving Privileges Test Refusal
      2 years
      3 years

Effect on Driving Record

  • Zero tolerance (BAC of .01 or greater) – except during suspension period, not on public driving record as long as there is no subsequent suspension.
  • DUI Conviction (BAC of .08 or greater) – Permanently on public driving record.

*Under certain conditions, you may be charged with DUI even though your BAC is below .08.

Except during suspension period, violation is not on public driving record as long as there is no subsequent suspension permanently on public driving record.