Illinois · Handbook chapter 6 · 4 min read
Chapter 6: Alcohol, drugs and DUI
Illinois DUI law: the .08 BAC limit, cannabis THC limits, implied consent, statutory summary suspension, revocation for DUI convictions, aggravated DUI, open containers, the BAIID permit and zero tolerance for drivers under 21.
Why this chapter matters
The Rules of the Road calls alcohol the number one killer on American roads, and Illinois treats DUI as a violent crime that stays on your record permanently. The penalties are steep and the numbers come up on the exam.
How alcohol and drugs affect driving
- Alcohol dulls your vision and slows your reaction time, even below the legal limit.
- Only time removes alcohol. Coffee, food and showers do not.
- Many legal medicines, such as antihistamines, cold remedies and pain relievers, also impair driving. Mixing even a little alcohol with other drugs is very dangerous.
The limits
- It is illegal to drive with a BAC of .08 percent or more. You can still be convicted of DUI below .08 if your driving is impaired.
- Cannabis: 5 nanograms or more of THC per milliliter of whole blood, or 10 nanograms per milliliter of other bodily substance.
- Any trace of an illegal controlled substance is illegal while driving.
- Cannabis may be carried only in a sealed, odor-proof, child-resistant container, and no one in the car may use it.
Implied consent and summary suspension
By driving in Illinois you agree to breath, blood or urine tests when asked.
| Situation (first offender) | Suspension |
|---|---|
| Test shows .08 or more (or the THC limits) | 6 months |
| You refuse testing | 1 year |
A second offender within five years faces one year for failing and three years for refusing. The officer takes your license and gives you a receipt that lets you drive for 45 days; the suspension starts on the 46th day. Refusing a test after a crash with serious injury or death means revocation for at least one year.
DUI convictions
| Conviction | Minimum revocation |
|---|---|
| First | 1 year |
| Second within 20 years | 5 years |
| Third | 10 years |
| Fourth or more | Lifetime |
- A BAC of .16 or more, or carrying a child under 16, can bring tougher penalties.
- To get your license back you need an alcohol and drug evaluation, treatment or education, a hearing, a fee and three years of Financial Responsibility Insurance.
- A first offender may apply for a Monitoring Device Driving Permit with a breath-alcohol ignition interlock (BAIID). Driving during the suspension without one is a felony.
Aggravated DUI
Charged when a DUI causes death or injury, is a third or later DUI, happens while driving a school bus with children or a vehicle for hire, happens without a valid license or insurance, or follows a past reckless homicide.
Open containers and others' drinking
- No one may drink in a vehicle, and an opened container may not be in the passenger area. Chartered buses, motor homes and limousines are exempt.
- It is illegal to let someone you know is impaired drive your car, or for a parent to let people under 21 drink on property they control.
Drivers under 21
- Any trace of alcohol while driving: suspension for at least three months (zero tolerance).
- A DUI conviction: revocation for at least two years.
- A conviction or court supervision for underage drinking or possession costs you your license even if you were not driving.
- Anyone suspended before 21 must complete a driver remedial education course.
Frequently asked questions
What happens if I refuse a breath test?
As a first offender your license is suspended for one year, twice as long as the six months for failing the test.
Will coffee sober me up?
No. Only time removes alcohol from your body.
What is the penalty for a driver under 21 with any alcohol?
At least a three-month suspension, even well below .08.
How long does a DUI stay on my record?
Permanently.
Based on the Illinois Rules of the Road 2026 (DSD A 112), Chapter 6: Driving Under the Influence (DUI).