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DWI And DUI Laws In Illinois That Every Policy Holder Should Know

Driving while intoxicated (DWI) or Driving under influence (DUI) may lead to a matter of life and death. That’s why all the states of the USA have strict laws for them and it is very important for the people to know and understand the law and have knowledge of the available legal options if ever faced with such charges. DWI/DUI in Illinois may lead to severe punishments as stated by the Illinois car insurance law.

AutoInsuranceInIllinoisFollowing are the offenses that come under DWI/DUI in Illinois:

1.            Driving with a hangover of alcohol or drug or both.

2.            Driving with a Blood Alcohol Content (BAC) of 0.08 or more.

3.            Driving with a measurable blood content of marijuana or other restricted materials.

4.            Driving with BAC greater than 0.00, for drivers under the age of 21.


In Illinois, two separate cases are filed against you, one in the court and the other in Illinois DMV if you are caught for DUI. DMV can punish you by suspending your license but the court penalty may include fines, suspension of license, jail sentence or all three. For first DUI, the convict is kept under court supervision for a time period after which the case is dismissed but its public record is maintained. Full first conviction involves suspension of driver’s license for one year, fine up to $1000 and up to one year jail sentence. Second conviction may lead to driver’s license suspension for five years and third conviction for 10 years suspension of a driver’s license. The jail sentence and fines may increase if you were accompanied by an under 16 kids during the violation time. According to Illinois law, DUI case remains open for 20 years. So, your any further DUI during this period of 20 years will count.

DUI/DWI for Under 21:

Car insurance policy in Illinois has more strict punishments for driver’s under the age of 21 if arrested for DUI. First conviction leads to license suspension for 2 years, second in 5 years or till the age of 21 is attained, third to 10 years of license suspension along with three years jail sentence or a cash fine up to $25000. In case of a fourth DUI before the age of 21 may cause lifetime suspension of the license.

Consent of Intoxication Testing Law:

As per Illinois state law, no licensed driver of a motor vehicle can deny from taking approved chemical tests of blood, breath or urine for intoxication determination except Preliminary Breath Test (PBT) which is not mandatory unless the person is involved in a major accident. The license may be suspended for 6 months to 3 years for refusing the chemical test.

The law also states that the test must be done in the presence of a State Police and Department of Public Health (DPH) authorized person. A blood test must be done by DPH appointed medical professional. The driver arrested under DUI may ask for a second and independent chemical test under personal expenses.

Illinois DUI laws are made so firm and severe only to reduce the number of accidents occurring due to ‘Drink and Drive’ and enforce the sense of responsible driving into the motor vehicle drivers right from a young age.