Illinois DUI Laws

Illinois calls the offense Driving Under the Influence (DUI) under 625 ILCS 5/11-501. The same term shows up in the statute, in your Secretary of State paperwork, and in court records — there is no parallel terminology like Massachusetts (OUI), Wisconsin (OWI), or Ohio (OVI). §11-501(a) reaches seven different ways the offense can be charged. The first five are about driving under the influence of substances; the last two add per-se thresholds for alcohol and THC: - (a)(1) per-se ALCOHOL: BAC 0.08 or more within 2 hours of driving or being in actual physical control of a vehicle. - (a)(2) ALCOHOL less-safe: under the influence of alcohol to a degree that makes driving unsafe — no specific BAC number required. A driver below 0.08 can still be charged under (a)(2) if the State can prove impairment from observation, field-sobriety performance, or other evidence. - (a)(3) INTOXICATING COMPOUND less-safe: under the influence of any intoxicating compound (e.g., glue, aerosol). - (a)(4) DRUG less-safe: under the influence of any drug or combination of drugs to a degree that makes driving unsafe. - (a)(5) COMBINED less-safe: under the combined influence of alcohol, drugs, or intoxicating compounds. - (a)(6) any amount of an UNLAWFUL CONTROLLED SUBSTANCE, intoxicating compound, or methamphetamine in the body. Important: cannabis was REMOVED from (a)(6) when (a)(7) was added — current (a)(6) does NOT reach cannabis. - (a)(7) per-se THC: 5 nanograms or more of delta-9-THC per milliliter of whole blood OR 10 nanograms or more per milliliter of other bodily substance, within 2 hours of driving or being in actual physical control. Both numbers are operative — secondary sources commonly quote one without the other. The (a)(7) THC prong has a medical cannabis carve-out: a qualifying patient under the Compassionate Use of Medical Cannabis Program Act with a valid registry card is not subject to (a)(7) UNLESS the patient is impaired by the use of cannabis. Three things must all be true for the carve-out to apply: (i) qualifying patient; (ii) valid registry card; (iii) not impaired. The carve-out does NOT reach the (a)(2), (a)(4), or (a)(5) less-safe prongs — a registered medical-cannabis patient impaired by cannabis is still chargeable under (a)(4). Don't confuse §11-501(b) with a "safe harbor." §11-501(b) ELIMINATES legal-entitlement-to-use as a defense — having a prescription is not a defense to a (a)(2)/(4)/(5) impaired-driving charge. The medical cannabis carve-out is in (a)(7) itself, not in (b). Illinois's offense reaches not just driving but also "actual physical control" of the vehicle. A defendant in a parked car with the keys can potentially be liable, depending on the facts. Actual-physical-control is a fact-specific test under Illinois case law.

Illinois has FIVE per-se thresholds, plus the impairment-based "less safe" prong. They apply to different drivers and substances: - Standard ALCOHOL per-se: BAC 0.08 or more within 2 hours of driving (625 ILCS 5/11-501(a)(1)). - COMMERCIAL drivers operating a commercial motor vehicle: BAC 0.04 or more (625 ILCS 5/6-514 and §11-501.1(c)). The commercial threshold applies only while operating a commercial motor vehicle — a CDL holder driving a personal vehicle is at 0.08, not 0.04. - UNDER 21 drivers (administrative track): MORE THAN 0.00 (625 ILCS 5/11-501.8). The strict-greater-than rule is literal — a 0.00 reading itself is not a violation, but any positive concentration triggers consequences. This is wider than Georgia's 0.02 floor. See il-faq-3. - THC per-se: 5 nanograms or more of delta-9-THC per milliliter of whole blood OR 10 nanograms or more per milliliter of other bodily substance, within 2 hours of driving (625 ILCS 5/11-501(a)(7) referencing the §11-501.2(a)(6) definition). Both numbers are operative; secondary sources commonly quote one without the other. The (a)(7) prong has a medical cannabis carve-out — see il-faq-1. - Any amount of an UNLAWFUL controlled substance, intoxicating compound, or methamphetamine: §11-501(a)(6). This prong reaches unlawful-use substances only — it does NOT reach prescribed-and-properly-used medications or legal cannabis (cannabis is in (a)(7), not (a)(6)). The IMPAIRMENT prong: §11-501(a)(2) prohibits driving "under the influence of alcohol" to a degree that renders driving unsafe — with NO per-se number. A driver below 0.08 can still be charged on impairment evidence alone (driving conduct, field-sobriety performance, officer testimony). "0.08 is the legal limit, period" is half-true and dangerous — the per-se prong and the impairment prong run in parallel. Illinois does NOT codify a separate per-se "high BAC" prohibition above 0.08. The §11-501(c)(4) / (c)(5) / (d)(2)(B)–(E) BAC ≥0.16 enhancements stack mandatory minimums on top of the underlying penalty range — they do not create a separate per-se charge tier. See il-faq-6 / il-faq-7 / il-faq-8 for how the 0.16 enhancement operates at each count tier. The Compassionate Use of Medical Cannabis Program Act provides the registry-card framework that §11-501(a)(7) cross-references for the medical cannabis carve-out — a qualifying patient with a valid registry card is excluded from the (a)(7) per-se prong unless impaired.

Illinois's under-21 rule operates on TWO PARALLEL TRACKS. The CRIMINAL track is the same §11-501 statute that applies to adults — an under-21 driver at 0.08+ faces the same Class A misdemeanor charges and Statutory Summary Suspension under §11-501.1 that an adult driver faces. The ADMINISTRATIVE track under §11-501.8 imposes a separate consequence at any positive BAC reading — "more than 0.00." The under-21 administrative threshold is strict-greater-than-zero: §11-501.8 applies when an under-21 driver's alcohol concentration is "more than 0.00." A 0.00 reading itself is NOT a violation, but any positive concentration triggers consequences. This is wider than Georgia's 0.02 floor and Massachusetts's 0.02 administrative threshold. The administrative consequence is license suspension under §6-208.2: 3 months at first-time fail (BAC > 0.00 on first §11-501.8 testing event); 6 months at first-time refusal; 1 year at repeat fail; 2 years at repeat refusal. IMPORTANT — the §11-501.8(f) admissibility carve-out is narrow. §11-501.8(f) bars admissibility of §11-501.8 ADMINISTRATIVE-track testing results "in any civil or criminal proceeding, except that the results of the testing may be considered at a hearing held under Section 2-118 of this Code." The bar applies ONLY to §11-501.8 testing results (under-21 zero-tolerance administrative testing); it does NOT extend to §11-501.1 adult-track results, and it does NOT extend to §11-501.6 fatal-crash-track results. An under-21 driver who registers 0.08+ and is tested under §11-501.1 (adult implied consent) faces both §11-501 criminal liability AND §11-501.1 SSS — those §11-501.1 results are admissible at criminal trial. Carve-outs from §11-501.8 itself live in unnumbered prose at §11-501.8(e) (NOT in the numbered (e)(1)–(7) sub-paragraphs, which address hearing-scope issues). Two substantive carve-outs apply: (i) alcohol concentration resulting from the consumption of alcohol in the performance of a religious service or ceremony — for example, communion wine; (ii) alcohol concentration resulting only from ingestion of the prescribed or recommended dosage of medicine that contained alcohol — for example, an alcohol-containing cough syrup taken at the labeled dose. Both tracks run in parallel for any under-21 DUI arrest. An under-21 driver at 0.05 BAC is not safe from criminal §11-501 liability (the (a)(2) less-safe prong reaches impairment regardless of BAC) AND faces the §11-501.8 administrative track. See il-faq-2 for the multi-prong threshold structure.

The Statutory Summary Suspension (SSS) under 625 ILCS 5/11-501.1 is Illinois's automatic administrative license suspension that takes effect after a DUI arrest, separate from and parallel to any criminal prosecution. It runs even if the underlying §11-501 charge is later dismissed or you are acquitted. When does the SSS take effect? On the 46th day after notice. §11-501.1(g) literal text: "the statutory summary suspension or revocation and disqualification … shall take effect on the 46th day following the date the notice of the statutory summary suspension or revocation was given to the person." The SSS does NOT start at arrest — it starts 46 days later, giving you time to drive (subject to any non-DUI restrictions) and time to request an administrative hearing. How long is the SSS? The duration depends on two axes: whether you are a "first offender" under §11-500, and whether you submitted to the test (FAIL track, BAC 0.08+ or drug detected) or refused (REFUSAL track): - §6-208.1(a)(1) first-offender REFUSAL = 12 months - §6-208.1(a)(2) first-offender FAIL = 6 months - §6-208.1(a)(3) non-first-offender REFUSAL = 36 months - §6-208.1(a)(4) non-first-offender FAIL = 12 months "First offender" under §11-500 is narrow. You are NOT a first offender if you have any prior §11-501 conviction or court-assigned supervision (lifetime), any prior similar out-of-state DUI conviction (lifetime), any prior chemical-test refusal suspension under §6-206(a)(6) from another state (lifetime), OR any prior §11-501.1 SSS within 5 years prior to current offense (5-year window). The 5-year window applies ONLY to prior SSS without conviction — a single prior §11-501 conviction at any time forever removes first-offender status. CRASH WITH PERSONAL INJURY OR DEATH OVERRIDE — §11-501.1(c) converts the consequence type from SUSPENSION to SUMMARY REVOCATION when you refuse chemical testing AND were involved in a motor vehicle crash that caused personal injury or death. This is a different and harsher consequence — see il-faq-5. "Personal injury" in this context is a Type A injury per §11-501.1(i): severely bleeding wounds, distorted extremities, injuries that require the injured party to be carried from the scene, or any injury indicated on the traffic accident report that requires immediate professional attention. A minor scrape does not trigger the (c) revocation conversion. §11-501.6 PARALLEL TRACK — if you were involved in a motor vehicle crash causing personal injury or death and were arrested for ANY Illinois Vehicle Code violation (not necessarily §11-501 DUI), §11-501.6 imposes a parallel implied-consent obligation; the §11-501.6 testing track feeds into both §11-501 criminal prosecutions and the §6-208.1 SSS framework. ADMINISTRATIVE HEARING — you have 90 days to request a §2-118 administrative hearing to contest the SSS in writing. Failure to request waives the right. Hearing scope is limited to four issues: probable cause / reasonable grounds; lawful arrest; implied-consent warning properly given; and refusal-in-fact or fail-at-the-per-se-threshold or proper test administration. MDDP — see il-faq-14. First-offenders get a Monitoring Device Driving Permit AUTOMATICALLY (24/7 driving with BAIID) for the SSS duration unless you opt out, with categorical disqualifications for crash-injury-or-death, age under 18, prior reckless homicide / Aggravated DUI involving death, and license-otherwise-invalid status. SSS time CREDITS to the post-conviction §6-205 revocation period under §6-208.1(d) — the periods are concurrent, not sequential.

Refusing a state-administered chemical test under 625 ILCS 5/11-501.1 triggers an automatic Statutory Summary Suspension (SSS). Refusal itself is not a separate criminal offense — it is administrative. DURATION — refusal-track SSS under §6-208.1: 12 months at first-offender refusal; 36 months at non-first-offender refusal. Compare to fail-track: 6 months at first-offender fail; 12 months at non-first-offender fail. Refusing roughly doubles your SSS compared to submitting and failing. CRASH-PERSONAL-INJURY-OR-DEATH OVERRIDE — §11-501.1(c) converts refusal + crash-with-PI/death from SUSPENSION to SUMMARY REVOCATION. If you refuse testing AND were in a crash causing personal injury or death, your license is revoked — not just suspended — and §6-208.1(e) makes you ineligible for MDDP. A first-offender refused-and-crash-PI/death defendant must wait 1 year before applying for reinstatement or RDP. "Personal injury" here is a Type A injury per §11-501.1(i): severely bleeding wounds, distorted extremities, injuries requiring the person to be carried from the scene, or injuries requiring immediate professional attention. A minor scrape does not trigger the conversion. §11-501.6 PARALLEL TRACK — if you were in a crash causing personal injury or death and were arrested for ANY Illinois Vehicle Code violation, §11-501.6 imposes a separate implied-consent obligation that feeds into the §6-208.1 SSS framework. REFUSAL IS ADMISSIBLE AT CRIMINAL TRIAL. Illinois admits chemical-test refusal as substantive evidence at criminal trial under §11-501.2(c)(1): "If a person under arrest refuses to submit to a chemical test under the provisions of Section 11-501.1, evidence of refusal shall be admissible in any civil or criminal action or proceeding." Illinois courts treat refusal as circumstantial evidence of consciousness of guilt — see People v. Oliver, 2025 IL App (2d) 240054-U; People v. Weathersby, 383 Ill. App. 3d 226, 230 (2008). There is no Illinois Supreme Court precedent paralleling Georgia's Elliott v. State, 305 Ga. 179 (2019), that bars refusal admissibility on state-constitutional grounds. The §11-501.8(f) admissibility carve-out applies ONLY to under-21 §11-501.8 administrative-track testing — it does NOT extend to adult §11-501.1 refusal evidence. THE STRATEGIC MATH — the math you face when deciding whether to submit: - 1st offender + FAIL = 6-month SSS, MDDP automatic with BAIID (24/7 driving). - 1st offender + REFUSAL = 12-month SSS, MDDP automatic with BAIID (24/7 driving). Doubled SSS, but MDDP is still available. - 1st offender + REFUSAL + crash-PI/death = SUMMARY REVOCATION; NO MDDP; 1-year wait for reinstatement or RDP. - Non-1st offender + FAIL = 12-month SSS, NO MDDP, RDP only via §6-206 administrative hearing. - Non-1st offender + REFUSAL = 36-month SSS, NO MDDP, RDP only via §6-206 hearing. WARRANT CARVE-OUT — refusal does NOT bar law-enforcement evidence acquisition. Police can still seek a search warrant for a blood draw on probable cause (under federal Fourth Amendment doctrine including Missouri v. McNeely, 569 U.S. 141 (2013)). Refusal stops the implied-consent process; it does not stop a magistrate from issuing a warrant. ADMINISTRATIVE HEARING — see il-faq-4 for the §2-118 administrative-hearing procedure.

A first-offense Illinois DUI under 625 ILCS 5/11-501 is a Class A misdemeanor — the most serious misdemeanor classification in Illinois. The Class A range under 730 ILCS 5/5-4.5-55 is up to 364 days of imprisonment and a fine of up to $2,500. There is no statutory mandatory minimum imprisonment at the BASE first offense; probation, conditional discharge, and court supervision are all available. COURT SUPERVISION — under 730 ILCS 5/5-6-1, court supervision is a non-conviction disposition that may be available for first-time §11-501 defendants. If supervision is granted and successfully completed, the case is dismissed without an adjudication of guilt — you do not have a §11-501 conviction on your record. BUT: court supervision DOES count as a prior for §11-500 first-offender purposes (the lifetime conviction-or-supervision window in the first-offender definition). And §5-6-1(d) BARS court supervision for second or subsequent §11-501 violations — supervision is a one-time first-violation disposition, not a recurring relief. ENHANCEMENTS at first offense: - §11-501(c)(3) CHILD PASSENGER UNDER 16 (any §11-501 violation while transporting a person under 16): 6 months of imprisonment AS A MANDATORY MINIMUM, plus a $1,000 mandatory minimum fine, plus 25 days of community service in a program benefiting children. This enhancement is NOT first-offense-only — it applies at any non-felony tier (3rd-or-subsequent child-passenger violations route through §11-501(d)(1)(J) or (K) Aggravated DUI instead). At first offense, the (c)(3) enhancement converts the no-mandatory-minimum baseline into a 6-month mandatory minimum. - §11-501(c)(4) BAC 0.16 OR MORE: 100 hours of community service, plus a $500 mandatory minimum fine. §11-501(f) bars suspension or reduction of any mandatory minimum: "The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court." LICENSE ACTION — your license is REVOKED, not suspended. §6-205(a)(2) imposes mandatory revocation upon any §11-501 conviction; §11-501.01(d) imposes a parallel sentencing-side revocation mandate. The revocation itself is INDEFINITE. Reinstatement eligibility is gated by §6-208(b) waiting periods: 1 year at first revocation under §6-208(b)(1)(A); 2 years (or 24 months from imprisonment release, whichever later) at first revocation if your conviction was for §11-501(d)(1)(F) DUI causing death OR for 720 ILCS 5/9-3 reckless homicide, under §6-208(b)(1)(C). In parallel to your criminal case, the Statutory Summary Suspension under §11-501.1 / §6-208.1 imposes administrative consequences from the time of arrest (effective 46 days after notice). The SSS is 6 months at fail-track first-offender or 12 months at refusal-track first-offender, and SSS time credits to the §6-205 revocation under §6-208.1(d). MDDP allows 24/7 driving with BAIID for the SSS duration in most first-offender cases — see il-faq-14. The §11-501(d)(1)(A)–(L) Aggravated DUI factors can elevate a first-offense DUI to felony if any of the 12 factors apply — for example, DUI in a school bus with passengers, DUI causing great bodily harm or death, DUI without a license or without insurance, DUI while transporting passengers in a vehicle for-hire. See il-faq-10 for the full Aggravated DUI architecture.

A second-offense Illinois DUI is still a Class A misdemeanor under §11-501 — but with a critical addition: §11-501(c)(2) imposes a MANDATORY MINIMUM of "either 5 days of imprisonment OR 240 hours of community service in addition to any other criminal or administrative sanction." Both options are statutory; which one is imposed is at the sentencing court's discretion. Framing the second offense as "5 days mandatory jail" without the 240-hour community-service alternative is misleading. The lookback for criminal-tier escalation under §11-501 is LIFETIME — there is no time window. A 25-year-old prior §11-501 conviction triggers (c)(2) tier 2 just the same as a 2-year-old prior. This is materially different from Georgia's 10-year window or Wisconsin's 10-year-then-lifetime ladder. ENHANCEMENTS at second offense: - §11-501(c)(5) BAC 0.16 OR MORE: 2 days mandatory imprisonment plus $1,250 mandatory minimum fine, on top of the (c)(2) 5-day-or-240-hour-CS alternative. - §11-501(c)(3) CHILD PASSENGER UNDER 16: 6 months mandatory imprisonment + $1,000 mandatory fine + 25 days CS benefiting children. Same scope as first-offense — applies at any non-felony tier. Court supervision is BARRED at second-or-subsequent §11-501 per 730 ILCS 5/5-6-1(d). The only available dispositions are conviction and the §11-501(c) penalty cascade. LICENSE ACTION — REVOCATION (not suspension). §6-205(a)(2) revocation; §11-501.01(d) parallel mandate. Two windows interact: - LIFETIME criminal-tier counter under §11-501 — every 2nd §11-501 conviction is Class A misdemeanor with the (c)(2) mandatory minimum, regardless of how long ago the prior was. - 20-YEAR REINSTATEMENT counter under §6-208(b)(2): "second violation … within a 20-year period as measured from the dates the offenses were committed." If your 2nd-DUI is within 20 years of your 1st (offense-date measured, not conviction-date), §6-208(b)(2) imposes a 5-year reinstatement-eligibility wait. If your 2nd-DUI is more than 20 years after your 1st, §6-208(b)(1)(A) imposes only a 1-year first-revocation wait — but you still face 2nd-tier criminal penalties. NON-AXIS RULE — §6-208(b)(1.3) requires that AFTER any 2nd-or-subsequent DUI conviction, you must FIRST hold a Restricted Driving Permit (RDP) for 5 continuous uninterrupted years before applying for full license reinstatement. This is a procedural floor that applies regardless of which 20-year-window sub-case applies. Even a 2nd-not-within-20y defendant must complete 5 continuous RDP years before applying for full reinstatement. 5-YEAR IID ON ALL OWNED VEHICLES — §6-205(h) imposes a mandatory 5-year ignition interlock device requirement on ALL vehicles you own at any 2nd-or-subsequent §11-501 conviction (lifetime trigger; §11-501.01(e) P.A. 99-296 text imposes a parallel 5-year mandate). "All vehicles owned by" the defendant means each vehicle requires its own IID — a multi-vehicle owner needs IID on each. The defendant is not eligible for reinstatement until 5 years of IID maintenance is complete. §6-205(c)(5) employment exemption for employer-owned non-personal-use vehicles does NOT apply for the first year of revocation OR the first year of RDP-with-IID after a 2nd-or-subsequent §11-501 conviction within a 5-year period — the no-first-year qualifier travels. See il-faq-9 for the multi-window architecture; il-faq-13 for the reinstatement ladder; il-faq-15 for IID details.

Three or more §11-501 convictions automatically becomes Aggravated DUI — a felony — under §11-501(d)(1)(A). The lookback is LIFETIME; a 25-year-old prior counts. The felony class steps up at each tier, and at the 4th conviction the §6-208(b)(4) lifetime ban from license restoration kicks in (see il-faq-12). FELONY CLASS CASCADE under §11-501(d)(2): - 3RD violation: Class 2 felony per (d)(2)(B). 730 ILCS 5/5-4.5-35 sets the Class 2 sentencing range at 3 to 7 years state prison. Probation IS available at the 3rd-violation Class 2 tier. BAC ≥0.16 enhancement: +90 days mandatory imprisonment + $2,500 mandatory minimum fine. Child-passenger enhancement: $25,000 mandatory fine + 25 days community service in a program benefiting children. - 4TH violation: Class 2 felony per (d)(2)(C). NO PROBATION OR CONDITIONAL DISCHARGE — the 4th violation triggers a categorical bar on probation. BAC ≥0.16 enhancement: $5,000 mandatory minimum fine. Child-passenger enhancement: $25,000 mandatory fine + 25 days CS. - 5TH violation: Class 1 felony per (d)(2)(D). 730 ILCS 5/5-4.5-30 sets the Class 1 range at 4 to 15 years state prison. NO PROBATION. BAC ≥0.16: $5,000 mandatory minimum fine. - 6TH OR SUBSEQUENT violation: Class X felony per (d)(2)(E). 730 ILCS 5/5-4.5-25 sets the Class X range at 6 to 30 years state prison. BAC ≥0.16: $5,000 mandatory minimum fine. Felony class affects sentencing range; the (d)(1)(A)–(L) factor that triggers Aggravated DUI also affects class assignment. For example, factor (D) prior reckless homicide is a Class 3 felony per (d)(2)(J) (no probation; 730 ILCS 5/5-4.5-40 sets Class 3 at 2 to 5 years); factor (F) DUI causing death is a Class 2 felony with the (d)(2)(G) sentencing override of 3-14 years for one death or 6-28 years for two or more deaths (no probation unless extraordinary circumstances). See il-faq-10 and il-faq-11 for the full 12-factor architecture. §11-501(d)(3) PROBATION/CONDITIONAL-DISCHARGE CONDITION — any defendant sentenced under (d) who receives probation or conditional discharge "must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction." This rule applies at the 3rd-violation Class 2 tier where probation is available, and at any other (d) tier where the court grants probation. At (d)(2)(C) 4th and (d)(2)(D) 5th and (d)(2)(J) factor (D), probation is barred so the (d)(3) condition does not apply. §11-501(f) bars suspension or reduction of any mandatory minimum imprisonment term or community-service assignment. LICENSE ACTION — REVOCATION continues. §6-208(b)(3) imposes a 10-year reinstatement-eligibility wait at 3rd revocation. §6-208(b)(4) imposes a LIFETIME BAN from license restoration application at 4th-or-subsequent — see il-faq-12 for the lifetime ban and the §6-205(c)(1.5) RDP-after-5y carve-out and §6-208(b)(4.5) foreign-resident 10-year-termination carve-out. IID — the §6-205(h) 5-year IID mandate on all owned vehicles continues from the lifetime "second or subsequent" trigger; §6-205(c)(2) requires IID on any RDP at 2-or-more DUI; §6-205(c)(3.5) requires IID on any RDP after (C) or (F) Aggravated DUI; §6-205(c)(1.5) requires IID on the post-lifetime-ban RDP. See il-faq-15.

Illinois's lookback is the highest-confusion area for any second-or-subsequent searcher because THREE DIFFERENT WINDOWS operate simultaneously on three different consequences. Plus the lifetime ban at 4th-or-subsequent under §6-208(b)(4) operates as an absolute ceiling regardless of any window. WINDOW 1 — LIFETIME criminal-tier counter under §11-501. The §11-501 statute uses no time window for any of its count-based escalations: "second time" under (c)(2); "third or subsequent time" under (d)(1)(A) Aggravated DUI; "fourth violation" under (d)(2)(C); "fifth violation" under (d)(2)(D); "sixth or subsequent" under (d)(2)(E). A 25-year-old prior counts at the criminal-tier surface forever. This is materially different from Georgia (10-year window), Massachusetts (lifetime with hardship pathways), Wisconsin (10-year-then-lifetime ladder), and Ohio (10/20/lifetime overlay) — Illinois is bare lifetime at every count tier. WINDOW 2 — 20-YEAR REINSTATEMENT-ELIGIBILITY counter under §6-208(b)(2). "Second violation … within a 20-year period as measured from the dates the offenses were committed" → 5-year reinstatement-eligibility wait. Important: the measurement is OFFENSE DATE, not conviction date — secondary sources sometimes garble this. If your 2nd-DUI is more than 20 years after your 1st, §6-208(b)(2) does NOT apply and you fall back to §6-208(b)(1)(A) 1-year first-revocation wait. But you are still a 2nd-tier criminal defendant under §11-501(c)(2). WINDOW 3 — 5-YEAR FIRST-OFFENDER SSS counter under §11-500. "First offender" status (which determines your SSS duration and MDDP eligibility — see il-faq-4 / il-faq-14) is tested against four predicates. Three are LIFETIME predicates: any prior §11-501 conviction or court-assigned supervision; any prior similar out-of-state DUI conviction; any prior chemical-test refusal suspension under §6-206(a)(6) from another state. One is a 5-YEAR predicate: a prior §11-501.1 SSS within 5 years prior to current offense. A prior SSS more than 5 years ago (without conviction) does NOT remove first-offender status. A prior conviction or supervision at ANY time DOES. A practical illustration. A defendant with a single prior DUI conviction 8 years ago who is rearrested faces: - Criminal tier: 2nd Class A misdemeanor with §11-501(c)(2) 5-day-or-240-hour-CS mandatory minimum (the lifetime criminal-tier counter catches the 8-year-old prior). - Reinstatement: 5-year wait under §6-208(b)(2) (the 8-year-old prior is within the 20-year window). - §6-208(b)(1.3) 5-continuous-RDP-years rule: applies (any 2nd-or-subsequent triggers it). - §6-205(h) 5-year IID on all owned vehicles: applies (lifetime "second or subsequent" trigger). - §11-500 first-offender status: NOT first offender (the 8-year-old prior conviction removes first-offender status under the lifetime conviction predicate). - SSS duration on refusal: 36 months (non-first-offender refusal under §6-208.1(a)(3)). - MDDP eligibility: NOT eligible (non-first-offender). A different defendant with a 21-year-old prior DUI conviction faces: - Criminal tier: still 2nd Class A misdemeanor with (c)(2) mandatory minimum. - Reinstatement: drops to 1-year first-revocation wait under §6-208(b)(1)(A) (the 21-year-old prior is OUTSIDE the 20-year window). - §6-208(b)(1.3) 5-continuous-RDP-years rule: still applies. - §6-205(h) 5-year IID: still applies (lifetime trigger). - §11-500 first-offender status: still NOT first offender (lifetime conviction predicate). - SSS duration on refusal: 36 months (still non-first-offender). The windows operate INDEPENDENTLY. Illinois has no calendar-floor rule like Georgia's post-7/1/2008 felony exclusion; out-of-state and military-installation priors count regardless of when committed via §11-501(e) "similar provision" language. Four additional Illinois windows operate as consequences-of-the-state-of-revocation (NOT priors-counting windows): §6-205(c)(5) 5-year employment-exemption availability; §6-205(c)(1.5) 5-year RDP-after-lifetime-ban; §6-208(b)(4.5) 10-year foreign-resident termination. These are documented at the relevant penalty / IID fields rather than as counted lookback windows.

Illinois has TWELVE enumerated Aggravated DUI factors under §11-501(d)(1)(A) through (L). Each factor INDEPENDENTLY elevates a §11-501 violation to felony — meaning one factor is enough; you do not need multiple factors to stack to reach felony. The twelve factors, in literal sub-clause order: - (A) THIRD OR SUBSEQUENT count: lifetime criminal-tier counter; a 3rd or higher §11-501 conviction is automatically Aggravated DUI. - (B) SCHOOL BUS WITH PASSENGERS: DUI in a school bus carrying one or more passengers. - (C) GREAT BODILY HARM, PERMANENT DISABILITY, OR DISFIGUREMENT: DUI that was a proximate cause of any of the three. All three prongs independently trigger (C). - (D) PRIOR RECKLESS-HOMICIDE-WITH-ALCOHOL OR PRIOR (C)/(F): the defendant has a prior 720 ILCS 5/9-3 reckless-homicide conviction where alcohol or drugs was determined to have been an element, OR a similar out-of-state reckless-homicide-with-alcohol-element conviction, OR a prior (C) or (F) Aggravated DUI under this paragraph (1). NOT a generic prior conviction. The "alcohol or drugs as an element" qualifier is critical — a non-DUI reckless-homicide conviction does NOT trigger (D). - (E) SCHOOL SPEED ZONE: DUI while a 20-MILES-PER-HOUR speed limit was in effect under §11-605(a) in a school speed zone, that resulted in bodily harm (but not great bodily harm or permanent disability or disfigurement). The "20-mph in effect" qualifier means the school speed zone must be ACTIVE — typically during school hours when children are present and the reduced limit is posted. A school zone after hours where the 20-mph limit is not in effect does NOT trigger (E). - (F) DEATH: DUI that was a proximate cause of the death of another person. - (G) DURING DUI-RELATED REVOCATION/SUSPENSION: DUI during a period when driving privileges are revoked or suspended for §11-501 (or similar provision), §11-501.1 (SSS), §11-401(b) (leaving the scene of an injury or fatality crash), or 720 ILCS 5/9-3 (reckless homicide). NARROW PREDICATE LIST — a defendant whose license was revoked for non-DUI reasons (e.g., point accumulation, unpaid child support, or insurance lapse) does NOT trigger (G). - (H) NO LICENSE: DUI without a valid driver's license, permit, RDP, judicial driving permit, or MDDP. - (I) NO INSURANCE (KNEW OR SHOULD HAVE KNOWN): DUI without liability insurance under §7-601 where the defendant knew OR should have known. Mens rea is constructive — a reasonable-driver test applies, so a driver whose own policy lapsed without their following up satisfies the "should have known" element. - (J) CHILD BODILY HARM (PROXIMATE CAUSE): DUI crash that resulted in bodily harm (but not great bodily harm) to a passenger under 16 transported by the defendant, where the violation was the proximate cause of the injury. Three qualifiers stack: bodily-harm-but-not-great; under-16; proximate cause. - (K) SECOND DUI WITH CHILD UNDER 16: 2nd or subsequent §11-501 violation while transporting a person under 16. - (L) FOR-HIRE PASSENGER VEHICLE: DUI while transporting a passenger or passengers in a motor vehicle for-hire (taxi, ride-share, livery). FELONY CLASS ASSIGNMENT under §11-501(d)(2). Class 4 default per (d)(2)(A). Statute-specific overrides: - (d)(2)(B) 3rd violation = Class 2. - (d)(2)(C) 4th violation = Class 2 (no probation or conditional discharge). - (d)(2)(D) 5th violation = Class 1 (no probation). - (d)(2)(E) 6th-or-subsequent = Class X. - (d)(2)(F) factor (C) great bodily harm = sentenced 1-12 years if imprisoned (Class 4 default; the (d)(2)(F) provision overrides the standard Class 4 1-3-year range). - (d)(2)(G) factor (F) death = Class 2; sentenced 3-14 years (one death) or 6-28 years (two or more deaths); no probation unless extraordinary circumstances. - (d)(2)(H) factor (J) child bodily harm = Class 4 default with $2,500 mandatory fine + 25 days CS. - (d)(2)(I) factor (K) 2nd-DUI-with-child = Class 2 with $2,500 mandatory fine + 25 days CS ($5,000 if child injured). - (d)(2)(J) factor (D) prior reckless homicide = Class 3 (no probation). Sentencing ranges per 730 ILCS 5/5-4.5-25 / 30 / 35 / 40 / 45: Class X = 6-30 years; Class 1 = 4-15 years; Class 2 = 3-7 years; Class 3 = 2-5 years; Class 4 = 1-3 years. All Class X / 1 / 2 / 3 / 4 felonies share the $25,000 fine ceiling per 730 ILCS 5/5-4.5-50. §11-501(d)(3) — any (d) defendant who receives probation or conditional discharge must serve 480 hours of community service OR 10 days of imprisonment as a condition. The (d)(3) condition is in addition to any other criminal or administrative sanction. §11-501(f) bars suspension or reduction of any mandatory minimum. See il-faq-11 for crash-result factors (C), (E), (F), (J); il-faq-12 for the lifetime ban at 4th-or-more.

Crash-related Aggravated DUI elevation has FOUR distinct factors under §11-501(d)(1) — (C) great bodily harm, (E) school-zone bodily harm, (F) death, and (J) child bodily harm. Each has its own scope, sentencing range, and license consequence. FACTOR (C) — DUI causing GREAT BODILY HARM, permanent disability, or disfigurement. The literal language reaches all three prongs ("great bodily harm" OR "permanent disability" OR "disfigurement"). Class 4 felony default with §11-501(d)(2)(F) sentencing override of 1 to 12 years if the defendant is sentenced to a term of imprisonment. The "proximate cause" qualifier travels — the violation must be a proximate cause of the injury. "Bodily harm" alone (without "great") does NOT trigger (C); ordinary cuts and bruises do not satisfy the (C) threshold. RDP IID under §6-205(c)(3.5) attaches to any (C) conviction. FACTOR (E) — DUI in a SCHOOL SPEED ZONE causing bodily harm. The literal language: "while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle crash that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person." Three qualifiers must all be present: (i) the school speed zone's 20-mph limit must be IN EFFECT under §11-605(a) — typically during school hours when children are present and the reduced limit is posted as in effect (a school zone after hours where the 20-mph limit is NOT in effect does NOT trigger (E)); (ii) bodily harm but NOT great bodily harm (great-bodily-harm in a school zone routes through (C) instead); (iii) crash. Class 4 felony default per (d)(2)(A). FACTOR (F) — DUI causing DEATH. The literal language: DUI that "was a proximate cause of the death of another person." Class 2 felony per §11-501(d)(2)(G) with a statute-specific sentencing override: imprisonment 3 to 14 years if one death; 6 to 28 years if two or more deaths. NO PROBATION at (F) "unless the court determines that extraordinary circumstances exist and require probation." This is a high judicial bar — "extraordinary circumstances" is a court finding made on the specific facts of the case, not a statutory entitlement. License consequence: §6-208(b)(1)(C) imposes a 2-year reinstatement-eligibility wait OR 24 months from imprisonment release, WHICHEVER IS LATER. For any (F) defendant serving 3+ years state prison, the 24-months-from-release will exceed the 2-year-from-revocation-effective-date wait. RDP IID under §6-205(c)(3.5) attaches. FACTOR (J) — DUI crash with BODILY HARM TO CHILD UNDER 16 transported by defendant. The literal language: "involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to a passenger under the age of 16 in the motor vehicle being driven by the defendant, if the violation was the proximate cause of the injury." Three qualifiers: bodily harm but NOT great bodily harm; passenger under 16; proximate cause. Class 4 felony default with §11-501(d)(2)(H) mandatory $2,500 fine + 25 days community service in a program benefiting children. THE 720 ILCS 5/9-3 RECKLESS HOMICIDE TRACK — separate from §11-501 Aggravated DUI, the 720 ILCS 5/9-3 reckless-homicide statute can also be charged when a death results from reckless conduct involving a motor vehicle. §6-208(b)(1)(C) covers BOTH §11-501(d)(1)(F) DUI-causing-death AND 720 ILCS 5/9-3 reckless-homicide convictions with the same 2-year-or-24-months-from-release reinstatement wait. A reckless-homicide-with-alcohol-or-drugs-as-element prior also triggers §11-501(d)(1)(D) Aggravated DUI as a predicate at any subsequent §11-501 violation. §11-501(d)(3) PROBATION/CONDITIONAL-DISCHARGE CONDITION — applies to any (d) defendant who receives probation, including (C), (E), and (J) defendants who are not categorically barred from probation. The condition is 480 hours of community service or 10 days of imprisonment in addition to any other criminal or administrative sanction. §11-501(f) bars suspension or reduction of any mandatory minimum. See il-faq-10 for the full 12-factor architecture; il-faq-12 for the lifetime ban; il-faq-13 for reinstatement waits.

625 ILCS 5/6-208(b)(4) imposes a LIFETIME BAN on license restoration at the fourth or subsequent §11-501 conviction: "The person may not make application for a license if the person is convicted of committing a fourth or subsequent violation of Section 11-501 of this Code or a similar provision of a local ordinance." This is the harshest license consequence in Illinois's regime and is one of the few lifetime-license-ban provisions in any state. The lifetime ban is on FULL LICENSE RESTORATION. Two narrow carve-outs may permit limited driving: CARVE-OUT 1 — §6-205(c)(1.5) RESTRICTED DRIVING PERMIT (RDP) AFTER 5 YEARS. After 5 years from the most recent revocation OR 5 years from imprisonment release (whichever is later), a 4th-or-more defendant may apply for a Restricted Driving Permit only — NOT a full license. Two stacking conditions must be proved by clear and convincing evidence: - (A) MINIMUM 3 YEARS OF UNINTERRUPTED ABSTINENCE from alcohol AND from the unlawful use or consumption of cannabis, controlled substances, intoxicating compounds, or methamphetamine. "Uninterrupted" is literal — a single relapse during the 3-year period resets the count. - (B) SUCCESSFUL COMPLETION OF ANY REHABILITATIVE TREATMENT recommended by a properly licensed service provider per a §11-501.01 evaluation. A defendant who declines recommended treatment is not eligible. The RDP requires IID on the vehicle (per §6-205(c)(2) and §6-205(c)(3)(A)), and the RDP is restricted in scope (employment, medical, school, treatment programs, etc.). Defendants with MORE THAN ONE prior conviction under §11-501(a)(3) intoxicating compound, (a)(4) drug-less-safe, or (a)(5) combined are NOT ELIGIBLE for the (c)(1.5) RDP carve-out — multi-prior intoxicating-compound / drug-DUI / combined defendants are categorically excluded. A later §11-501 conviction (or similar provision) revokes any (c)(1.5) RDP and bars the holder from any future RDP application: "A restricted driving permit issued under this paragraph (1.5) shall be revoked, and the holder barred from applying for or being issued a restricted driving permit in the future, if the holder is subsequently convicted of a violation of Section 11-501 of this Code, a similar provision of a local ordinance, or a similar offense in another state." CARVE-OUT 2 — §6-208(b)(4.5) FOREIGN-RESIDENT 10-YEAR TERMINATION. A bona fide foreign-jurisdiction resident may apply for revocation termination after 10 years from the most recent revocation. The carve-out is jurisdictional, NOT personal — it travels with the residence. If the person becomes Illinois resident again, the revocation reinstates and the (b)(4) lifetime ban applies again. These carve-outs are RELIEF from the ban, not REMOVAL. The §6-208(b)(4) lifetime ban remains in force even after a (c)(1.5) RDP is granted; the RDP allows limited driving but does not restore full driving privileges. Framing the (c)(1.5) carve-out as "5 years sober gets you your license back" is materially wrong and could mislead a defendant about their actual driving status. §6-208(b)(1.3) 5-CONTINUOUS-RDP-YEARS RULE — even where a 4th-or-more defendant obtains a (c)(1.5) RDP, the §6-208(b)(1.3) rule (which applies at any 2nd-or-subsequent reinstatement) requires 5 continuous uninterrupted years of RDP-with-IID before applying for full reinstatement. Combined with the (b)(4) lifetime ban on full reinstatement, the practical result for most 4th-or-more defendants is permanent restriction to RDP only. See il-faq-13 for the full reinstatement-eligibility ladder; il-faq-14 for RDP and IID details.

Illinois post-conviction license action is REVOCATION — not suspension — at every count tier. §6-205(a)(2) imposes mandatory revocation upon any §11-501 conviction; §11-501.01(d) imposes a parallel sentencing-side revocation mandate. The revocation itself is INDEFINITE — there is no built-in expiration. Reinstatement requires an affirmative §2-118 administrative-hearing application showing that the person will not endanger public safety or welfare. Secondary sources commonly mislabel the §6-208(b) waiting periods as "suspension lengths" or "revocation periods." That framing is wrong — the waiting period is a REINSTATEMENT-ELIGIBILITY GATE, not the revocation length. The revocation has no end date; the waiting period is the earliest you can apply to be reinstated. REINSTATEMENT-ELIGIBILITY LADDER under §6-208(b): - §6-208(b)(1)(A) FIRST revocation: 1 year wait. The defendant may apply for reinstatement after 1 year via §2-118 administrative hearing. - §6-208(b)(1)(C) FIRST revocation for §11-501(d)(1)(F) DUI causing death OR 720 ILCS 5/9-3 reckless homicide: 2 years OR 24 months from imprisonment release, WHICHEVER IS LATER. The "whichever later" qualifier extends the wait for any imprisoned defendant — for a defendant serving 3+ years state prison on (F), the 24-months-from-release will exceed the 2-year-from-revocation wait. - §6-208(b)(2) SECOND violation within 20 years (offense-date measured): 5 years. - §6-208(b)(2) SECOND violation NOT within 20 years (rare in practice): falls back to §6-208(b)(1)(A) 1-year first-revocation wait. - §6-208(b)(3) THIRD violation: 10 years. - §6-208(b)(4) FOURTH OR SUBSEQUENT violation: NO APPLICATION — lifetime ban from license restoration. Two carve-outs: §6-205(c)(1.5) RDP-after-5y (with 3-year sobriety + treatment proof); §6-208(b)(4.5) foreign-resident 10-year-termination. See il-faq-12. NON-AXIS RULE — §6-208(b)(1.3) requires that AFTER any 2nd-or-subsequent DUI conviction, the defendant must FIRST hold a Restricted Driving Permit for 5 CONTINUOUS UNINTERRUPTED YEARS before applying for full license reinstatement. This is a procedural floor on top of the (b)(2) / (b)(3) waiting periods. Even a 2nd-not-within-20y defendant who falls back to a 1-year wait under (b)(1)(A) must complete 5 continuous RDP years before applying for full reinstatement. The 5-year RDP must be uninterrupted — a cancellation or revocation of the RDP resets the clock. The §11-501.1 SSS runs in parallel to your criminal case from the time of arrest; §6-208.1(d) credits SSS time toward the post-conviction §6-205 revocation reinstatement-eligibility wait. So if your SSS is a 12-month first-offender refusal-track suspension and you are convicted 8 months later, the remaining 4 months of SSS counts toward the §6-208(b)(1)(A) 1-year first-revocation wait. REINSTATEMENT PROCEDURE — once you reach the waiting-period anniversary, reinstatement is NOT automatic. You must apply for a §2-118 administrative hearing before the Secretary of State, demonstrate that you will not endanger public safety or welfare, complete any §11-501.01 evaluation and recommended treatment, comply with §6-205(h) 5-year IID on all owned vehicles (at 2nd-or-more), and pay the reinstatement fees. The SOS may grant or deny the application based on a totality-of-the-circumstances review. For a discussion of the lifetime ban at 4th-or-subsequent and the §6-205(c)(1.5) RDP-after-5y carve-out, see il-faq-12. For RDP / MDDP / IID, see il-faq-14 and il-faq-15.

Illinois has TWO distinct statutory pathways for limited driving during a license action, with VERY different eligibility, scope, and sequencing. Conflating them is one of the most common mistakes in secondary sources. PATHWAY 1 — MONITORING DEVICE DRIVING PERMIT (MDDP) under 625 ILCS 5/6-206.1. ADMINISTRATIVE-track BAIID-during-SSS. AUTOMATIC for first-offender Statutory Summary Suspension recipients — the Secretary of State issues notice of MDDP issuance contemporaneously with the SSS notice under §11-501.1(h). Crucially, the MDDP is NOT an application-driven permit. The defendant opts OUT if they do not want it. Most secondary sources frame MDDP as something you "apply" for; that framing is wrong — the SOS pushes the MDDP; the defendant pulls an opt-out. MDDP scope: 24/7 driving with a Breath Alcohol Ignition Interlock Device (BAIID) for the duration of the SSS (6 months at first-offender fail; 12 months at first-offender refusal). BAIID installation deadline: 14 days from MDDP issuance under §6-206.1. Failure to install on time forfeits the MDDP. MDDP categorical disqualifications (six axes — each independently disqualifies): - NON-FIRST-OFFENDER under §11-500. Any prior §11-501 conviction or court-assigned supervision (lifetime); any prior similar out-of-state DUI conviction (lifetime); any prior §11-501.1 SSS within 5 years prior to current offense (5-year window). - AGE UNDER 18 per §6-206.1(a)(4). - CRASH-RESULT death or great bodily harm at the DUI arrest. - PRIOR RECKLESS HOMICIDE conviction or PRIOR AGGRAVATED DUI INVOLVING DEATH. - LICENSE OTHERWISE INVALID (suspended or revoked for non-DUI reason). - MDDP-CANCELLATION TRIGGERS under §6-206.1(c-1) — once the MDDP is held, conviction or supervision for §6-303 (driving suspended/revoked), §11-204 (fleeing), §11-401 (leaving the scene), §11-501 (DUI), §11-503 (reckless driving), §11-506 (street racing), §6-206.2 (BAIID violations), or any alcohol/drug-element offense triggers MDDP cancellation. Cancellation produces extended re-suspension under §6-206.1(l) at NOT LESS THAN TWICE the original SSS period — a 6-month first-offender SSS recipient who triggers cancellation faces 12+ months re-suspension. §6-208.1(e) FIRST-OFFENDER REFUSED-AND-CRASH-PI/DEATH SUB-CASE — the §11-501.1(c) crash-PI/death conversion to summary revocation removes MDDP availability and forces a 1-year wait before applying for reinstatement or RDP. CDL holders may receive MDDP for non-commercial vehicles only. The CDL itself remains disqualified under §6-514. PATHWAY 2 — RESTRICTED DRIVING PERMIT (RDP) under 625 ILCS 5/6-206. POST-CONVICTION discretionary permit issued via §2-118 administrative hearing. The RDP is application-driven — the defendant petitions for it after the §6-205 revocation has taken effect. The SOS evaluates the petition and may issue an RDP for limited purposes (employment, medical care, education, treatment, support-organization meetings, family transport, etc.) where the defendant demonstrates undue hardship and shows they will not endanger public safety or welfare. RDP-IID requirements: §6-205(c)(2) requires IID on any RDP issued at 2-or-more DUI convictions. §6-205(c)(3.5) requires IID on any RDP issued after a §11-501(d)(1)(C) great-bodily-harm or (F) death Aggravated DUI. §6-205(c)(1.5) requires IID on the post-§6-208(b)(4)-lifetime-ban RDP. The §6-205(c)(1.5) RDP-after-5y is the only driving relief available after the §6-208(b)(4) 4th-DUI lifetime ban — see il-faq-12. §6-205(c)(5) EMPLOYMENT EXEMPTION — employer-owned non-personal-use vehicles are exempt from the IID requirement, BUT the exemption does NOT apply for the first year of revocation OR the first year of RDP-with-IID after a 2nd-or-subsequent §11-501 conviction within a 5-year period. The no-first-year qualifier travels. Sequencing: most first-offenders take MDDP automatically during SSS (no application); after conviction, they apply for RDP via §6-206 administrative hearing for the §6-205 revocation period; after the §6-208(b) reinstatement waiting period, they apply for full reinstatement via a separate §2-118 hearing. Non-first-offenders skip MDDP entirely (categorically ineligible) and must apply for RDP via §6-206 if they want any limited driving during revocation.

Illinois has THREE DISTINCT IID surfaces that operate at different stages of a DUI case. Conflating them is a common mistake — they apply at different points in time, on different vehicles, for different durations. SURFACE 1 — MDDP-DURING-SSS BAIID under 625 ILCS 5/6-206.1. ADMINISTRATIVE — runs during the pre-conviction Statutory Summary Suspension period. Automatic for first-offender SSS recipients; 14-day BAIID installation deadline; 24/7 driving on the MDDP. Duration matches the SSS: 6 months at first-offender fail; 12 months at first-offender refusal. Categorical disqualifications under §6-206.1 (age under 18, crash-injury-or-death, prior reckless homicide / Aggravated DUI involving death, license otherwise invalid, non-first-offender status). See il-faq-14. SURFACE 2 — RDP-DURING-REVOCATION IID under §6-205(c). POST-CONVICTION — runs during the §6-205 revocation period, on any Restricted Driving Permit issued via §6-206 administrative hearing. Three sub-rules: - §6-205(c)(2) requires IID on any RDP at 2-or-more DUI convictions. - §6-205(c)(3.5) requires IID on any RDP after a §11-501(d)(1)(C) great-bodily-harm or (F) death Aggravated DUI conviction (any tier, including first offense if the (C) or (F) factor fires). - §6-205(c)(1.5) requires IID on the post-§6-208(b)(4)-lifetime-ban RDP that may issue after 5 years from most recent revocation with the (A)/(B) abstinence + treatment showing. SURFACE 3 — §6-205(h) FIVE-YEAR MANDATORY IID ON ALL OWNED VEHICLES at 2nd-or-subsequent. POST-CONVICTION reinstatement-condition. Independent of MDDP and RDP. Literal text: "The Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense under Section 11-501 of this Code or a similar provision of a local ordinance." §11-501.01(e) (P.A. 99-296 text) imposes a parallel sentencing-side 5-year IID mandate. The defendant is not eligible for reinstatement until the IID has been installed and maintained for 5 years on every owned vehicle. "ALL VEHICLES OWNED BY" — the §6-205(h) mandate is broad. A multi-vehicle owner needs IID on each owned vehicle. Rented vehicles are not "owned" so they fall outside the mandate, but practical operation is constrained because the defendant must maintain the IID-monitoring schedule. Employer-owned vehicles fall under the §6-205(c)(5) employment exemption discussed below. §6-205(c)(5) EMPLOYMENT EXEMPTION — employer-owned non-personal-use vehicles are EXEMPT from the §6-205(h) IID requirement, BUT the exemption does NOT apply during certain windows: - For the first year of revocation OR the first year of RDP-with-IID — the no-first-year qualifier carves out the employment exemption during the initial driving-restoration period. - After a 2nd-or-subsequent §11-501 conviction WITHIN A 5-YEAR PERIOD — the within-5-year qualifier means a 2nd-DUI defendant whose prior was within 5 years of the current offense triggers the no-first-year-employment-exemption rule. The §6-205(c)(5) text: "this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person." For any 2nd-or-subsequent within 5 years, the employer-owned exemption is unavailable until the first-year window passes. CDL holders cannot use MDDP or RDP for COMMERCIAL vehicles — non-commercial vehicles only. The CDL itself remains disqualified under §6-514. SEQUENCING in practice. A first-offender DUI defendant typically experiences IID across two of these surfaces sequentially: BAIID on MDDP for 6 or 12 months during SSS (Surface 1); after conviction, no Surface 2 RDP-IID unless the defendant is convicted of (C) or (F) Aggravated DUI; no Surface 3 §6-205(h) mandate at first-tier. A second-offender defendant typically experiences IID across all three surfaces: BAIID on MDDP for SSS duration only if first-offender (which most 2nd-DUI defendants are not); RDP-IID under §6-205(c)(2) during the §6-205 revocation; and §6-205(h) 5-year mandate on all owned vehicles as a reinstatement condition. The MDDP-BAIID and §6-205(h) IID are NOT the same surface; the MDDP-BAIID ends at SSS end, and the §6-205(h) IID starts at revocation/RDP.