In Illinois, DUI is a Class-A misdemeanor for a first or second offense. The punishment is up to 364 days in county jail and/or a fine of up to $2,500.
The consequences of a first offense can be lessened if you are sentenced to court supervision. Court supervision is available only once in your lifetime and only if you have not previously been convicted of DUI.
In order to receive supervision, you must plead guilty to DUI but the judge does not enter a conviction on your record provided that you complete all of the supervision requirements, which includes staying out of legal trouble during the 1-2 years your supervision is in effect, paying all fines and other fees, completing the alcohol counseling, attending a victim impact panel or other requirements that your judge might choose to impose.
If you are sentenced to court supervision, there will be no jail or prison time. As importantly, your driver’s license will not be revoked. If you are asked on a job application if you have ever been convicted of a crime, since supervision is not a conviction, you may answer “no”. But if the question is, have you ever pled guilty to a crime, the answer is “yes”. Note that probation and conditional discharge are conviction and are completely different from supervision.
A third DUI offense is a Class-4 felony, punishable by 3-7 years in prison and/or a fine of up to $25,000. In the alternative, the judge can impose probation of up to 48 months but there is a mandatory minimum of 10 days in jail.
If there are children in the vehicle, if your BAC is .16 or higher, if there was great bodily harm, or if the offense occurred in a school zone, various penalty enhancements come into play. These are constantly updated and revised. For that reason, they will not be detailed here.
Each offense also carries with it various DUI fees. You must obtain a drug and alcohol evaluation and complete the alcohol classes and counseling. Individual judges may impose other requirements.
Any DUI conviction results in a revocation of your driver’s license. The length of the revocation depends upon how many DUI offenses you have and when they occurred.