State service guide

Illinois DUI laws: 46th-day summary suspensions, first-offender MDDP limits, and zero-tolerance under 21

Illinois DUI law runs on two separate tracks: the criminal case and the Secretary of State's statutory summary suspension. The practical Illinois rules are the 0.08 BAC standard for most drivers, the 46th-day start for the summary suspension, the first-offender split between a 6-month failed-test suspension and a 12-month refusal suspension, and the fact that an eligible first offender must be at least 18 to use an MDDP with a BAIID. Illinois also keeps a separate under-21 zero-tolerance system for any trace of alcohol.

Open official source View Illinois services
General alcohol rule Illinois uses 0.08 BAC for most DUI per se cases, but the Secretary of State says impaired driving can still support DUI below 0.08
Summary suspension start Illinois statutory summary suspension begins on the 46th day after notice
First-offender suspension lengths A first offender generally faces 6 months for a failed test and 12 months for a refusal
Under-21 rule Any trace of alcohol can trigger zero-tolerance suspension, and a first DUI conviction under 21 brings at least a 2-year revocation

Overview

What this page helps you verify

A strong Illinois DUI page should not read like one penalty table. Illinois splits DUI into an arrest-side implied-consent and statutory-summary-suspension process, then a separate conviction-based revocation process. The important user questions are whether the driver refused testing or tested over the limit, whether the driver is a statutory first offender, whether the person is under 21 and caught by zero tolerance, and whether the case is headed toward MDDP, BAIID, or a longer revocation and hearing path.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The DUI arrest paperwork, including the notice of statutory summary suspension or sworn-report materials
  • Your driver license receipt or other notice showing the effective date of the suspension
  • Court papers for the criminal DUI case and any hearing notices
  • If eligible for first-offender relief, the mailed MDDP application and BAIID installation records
  • If the case reaches revocation or restricted-driving relief, any alcohol or drug evaluation, treatment, remedial education, and reinstatement-fee records Illinois requires

Typical flow

What the process often looks like

  1. Treat the Illinois DUI as two separate problems immediately: the court case and the Secretary of State summary suspension.
  2. Check whether the case is a refusal, a failed test, or an under-21 zero-tolerance stop, because the suspension length and relief options change materially.
  3. Determine whether you qualify as a statutory first offender before assuming an MDDP is available.
  4. If you receive an MDDP and want to drive, install a BAIID on every vehicle you plan to drive within the Illinois deadline.
  5. If the case ends in conviction or revocation, move next to the longer reinstatement process instead of assuming driving privileges return automatically.

Two tracks

Illinois starts the DMV consequence before the criminal DUI case is finished

This is the first Illinois rule that generic DUI pages usually flatten.

  • Illinois law treats a driver as having impliedly consented to chemical testing after a DUI arrest, and the officer must warn that refusal or qualifying test results trigger a statutory summary suspension.
  • The statutory summary suspension begins on the 46th day after notice and is separate from the criminal DUI case.
  • If the driver has a valid Illinois license or permit at the arrest, the officer confiscates it and issues a receipt that allows driving until the suspension takes effect.

Thresholds and first offenders

The main Illinois split is not just BAC, but also refusal versus test result and first-offender status

Those details control both the suspension length and whether immediate driving relief exists.

  • Illinois defines DUI not only at 0.08 BAC or higher, but also for impaired driving below 0.08 and for certain unlawful drug or THC findings.
  • Under 625 ILCS 5/6-208.1, a first offender generally faces a 6-month statutory summary suspension after submitting to a test that shows the prohibited result, but 12 months for refusing or failing to complete testing.
  • Illinois defines first offender narrowly. The statutory definition looks at prior DUI convictions or court supervision, certain out-of-state equivalents, and prior Section 11-501.1 suspension or revocation history within 5 years.

MDDP and BAIID

Illinois gives some first offenders a practical driving path, but only if they meet the MDDP rules

This is the key relief path that should be explained cleanly.

  • The Secretary of State says an MDDP is available to a first-time offender who is age 18 or older, including a CDL holder seeking to drive only a noncommercial vehicle.
  • The MDDP page says the permit is not available during a field sobriety test suspension, if the driver's license is otherwise invalid, if the DUI arrest caused death or great bodily harm, or after certain prior reckless-homicide or aggravated-DUI death cases.
  • Once an MDDP is issued, Illinois gives the driver 14 days to install a BAIID on all vehicles the driver wants to operate during the suspension.

Under 21

Illinois zero tolerance is separate from standard DUI and is much easier to trigger

This is where younger-driver advice often becomes inaccurate.

  • The Secretary of State says a driver under 21 with any trace of alcohol can lose driving privileges under the zero-tolerance law.
  • Illinois lists a first under-21 zero-tolerance suspension at 3 months for a BAC above 0.00 and 6 months for a first refusal or failure to complete the test.
  • Illinois also says a person under 21 may still be charged with DUI at 0.08 or more, at more than 0.05 with additional evidence of impairment, for any illegal drugs in the system, or for other indications of impaired driving.

Convictions and repeat cases

A DUI conviction moves Illinois from short suspension rules into revocation and felony escalation rules

This is the longer-term consequence path users need to see clearly.

  • The Secretary of State's FAQ says a first adult DUI conviction brings a minimum 1-year revocation, and a second conviction within 20 years brings a minimum 5-year revocation.
  • For drivers under 21, the same FAQ says a first DUI conviction brings a minimum 2-year revocation and a second brings a minimum 5-year revocation or until age 21, whichever is longer.
  • Illinois statutes also escalate the criminal side quickly: a third DUI is aggravated DUI and a Class 2 felony, and other aggravating facts such as serious injury, death, or driving while already DUI-revoked can also make the case a felony.

Accuracy notes

Where people get tripped up

  • Illinois DUI content should separate the arrest-side statutory summary suspension from the later conviction-based revocation. They are related, but they are not the same event.
  • First offender is a statutory term in Illinois, not just a plain-English label. Prior supervision, out-of-state equivalents, and earlier Section 11-501.1 history can change eligibility.
  • Zero tolerance for drivers under 21 is its own system and should not be collapsed into the adult 0.08 discussion.
  • MDDP relief is not automatic in every DUI case. Age, offense history, injury facts, and other license status issues can make the permit unavailable.

FAQ

Common questions

  • When does an Illinois DUI-related suspension start?

    Illinois says the statutory summary suspension starts on the 46th day after notice is given.

  • What is the first-offender suspension period in Illinois if I failed the test versus refused it?

    Under 625 ILCS 5/6-208.1, a first offender generally faces 6 months after a qualifying test result and 12 months for refusing or failing to complete testing.

  • Can I get an Illinois MDDP after a DUI arrest?

    Often only if you are age 18 or older and qualify as a first-time offender under the Secretary of State's MDDP rules. If Illinois issues the permit, you have 14 days to install a BAIID on every vehicle you plan to drive.

  • Can I be charged with DUI in Illinois if my BAC is below 0.08?

    Yes. Illinois says impaired driving can still support a DUI conviction below 0.08, and under-21 drivers face separate zero-tolerance rules for any trace of alcohol.

  • What is different for an Illinois driver under 21?

    Illinois zero tolerance can suspend the license for any trace of alcohol, and the Secretary of State says a first DUI conviction under 21 carries a minimum 2-year revocation.

Sources

Official references used for this page

Related services

More Illinois tasks people often check next

Illinois Car Insurance

Understand minimum coverage rules, proof-of-insurance expectations, and when you must show insurance to drive or register a vehicle.

Illinois Car Registration

Find out what is usually required to register a vehicle, including title documents, proof of ownership, fees, and emissions or inspection rules.

Illinois DMV Point System

Review how traffic convictions and other events can affect a driving record, suspension risk, and defensive-driving eligibility.

Illinois Driver's License

Get a clear starting point for applying for, replacing, or maintaining a standard driver license in your jurisdiction.