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

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
  2. 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
  3. 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.

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 grams 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 more 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 199 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.

Possession (720 Illinois compiled Statutes 550/4)

During the 2016 summer, the Illinois Cannabis Control Act was amended making:

  • Possession of 10 grams or less of cannabis a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.
  • Possession of any drug paraphernalia seized during the arrest for possession of 10 grams or less of cannabis a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.
  • Unlawful use of cannabis-based product manufacturing equipment punishable as a Class 2 felony.
  • Unlawful for a person to drive or be in actual physical control of any vehicle, snowmobile, or watercraft within Illinois when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount).

Marijuana possession greater than 10 grams maintains its original scheduling and classification.

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.

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