Illinois Penalties for Drinking and Driving Under Age 21; State of Illinois Statutory Provisions for Illegal Drugs Manufacture or Delivery

Illinois Penalties for Drinking and Driving Under Age 21; State of Illinois Statutory Provisions for Illegal Drugs Manufacture or Delivery

Violation Type Under Zero Tolerance Law
(BAC of .01 or Greater)
Under DUI Laws
(BAC of .08 or Greater)
1 st Violation: Loss of Driving Privileges 3 months 6 months
1 st Violation: Loss of Driving Privileges Test Refusal 6 months 12 months
2 nd Violation: Loss of Driving Privileges 1 year 1 year
2 nd ViolationLoss 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.

State of Illinois Statutory Provisions for Illegal Drugs Manufacture or Delivery

  Manufacture or Delivery (720 Illinois Compiled Statutes 570/401) Possession (720 ILCS 570/402)
Illegal Drugs Class X Felony Class 1 Felony Class 2 Felony Class 3 Felony Class 1 Felony Class 4 Felony
  6 to 30 years
not more than
$500,000 fine
4 to 15 years
not more than
$250,000 fine
3 to 7 years
not more than
$200,000 fine
2 to 5 years
not more than
$150,000 fine
4 to 15 years
not more than
$20,000 fine
1 to 4 years
not more than
$15,000 fine
Heroin 15 grams or more 10-14 grams 10 grams or
less
  15 grams or
more
less than 15
grams
Cocaine 15 grams or more 1-14 grams 1 gram or less   15 grams or
more
less than 15
grams
Morphine 15 grams or more 10-14 grams 10 grams or
less
  15 grams or
more
less than 15
grams
Peyote 200 grams or
more
50-199 grams   50 grams or less 200 grams or more less than 200
grams
Barbiturates 200 grams or
more
50-199 grams   50 grams or less 200 grams or more less than 200
grams
Amphetamines 200 grams or
more
50-199 grams   50 grams or less 200 grams or more less than 200
grams
Lysergic Acid
(LSD)
15 grams or more 5 to 14 grams

or hits

  5 grams or less 15 grams or less than 15
grams
Petazocine 30 grams or more 10 to 29 grams   10 grams or less 30 grams or
more
less than 30
grams
Methaqualone 30 grams or more 10 to 29 grams   10 grams or less 30 grams or
more
less than 30
grams
Phencyclidine 30 grams or more 10 to 29 grams   30 grams or less 30 grams or
more
less than 30
grams
Ketamine 30 grams or more 11 to 30 grams   less than 10
grams
30 grams or
more
less than 30
grams
GHB 200 grams or
more
50 to 200 grams   less than 50
grams
200 grams or
more
less than 200
grams
Ecstasy 200 grams or
more
50 to 200 grams   50 grams or less 200 grams or
more
less than 200
grams

Note: Second Offense, double jail sentence and fine. This chart gives examples of the penalties which may be imposed on individuals convicted of drug possession, manufacturing, or delivery. The circumstances of the case and other factors affect whether or not these are the actual penalties imposed.

Marijuana Sale or Delivery (720 Illinois Compiled Statutes 550/5)

Class B Misdemeanor: 2.5 grams or less, $500 fine and/or six months in jail
Class A Misdemeanor: 2.5-10 grams or less, $1,000 fine and/or one year in jail
Class 4 Felony: between 10-30 grams, 1-3 years in jail and/or $10,000 fine
Class 3 Felony: between 30-500 grams, 2-5 years in jail and/or fine not to exceed $50,000
Class 2 Felony: 500 or more grams, 3-7 years in jail and/or fine not to exceed $100,000

Possession (720 Illinois compiled Statutes 550/4)

Class C Misdemeanor: 2.5 grams or less, $500 fine and/or thirty days in jail
Class B Misdemeanor: between 2.5-10 grams, $500 fine and/or six months in jail
Class A Misdemeanor: between 10-30 grams, $1,000 fine and/or one year in jail
Class 4 Felony: between 30-500 grams, 1-3 years in jail and/or $10,000 fine
Class 3 Felony: over 500 grams, 2-5 years in jail and/or fine not to exceed $50,000