If you’ve been charged with drunk driving in Illinois, you’ll notice your ticket says “DUI” — driving under the influence. But you might also have heard of “DWI”, or driving while intoxicated.
What’s the difference between DUI and DWI in Illinois? Is there any difference? That’s what the traffic attorneys at Driver Defense Team explain in this blog.
The Key Differences between DUI and DWI
When you know what each abbreviation stands for, you’d be forgiven for thinking that DUI and DWI are exactly the same. If you’re driving while intoxicated (DWI), then, surely, that’s the same as driving under the influence (DUI)?
So, why are there two terms to describe the same thing?
This is where the law can get confusing. Every state has its own jurisdiction, meaning each state has the power to make its own laws.
Some states charge drunk drivers with DWI, while others use DUI. The offenses are largely the same. If you’re over the limit (you have a blood alcohol content (BAC) of .08 or higher), or a police officer suspects you’re impaired, you can get arrested for suspicion of driving while intoxicated or driving under the influence, depending on which terminology the state you’re in uses.
To make things even more complicated, some states use both. For example, a DWI charge might be reserved for drivers over 21 with a BAC over .08. Drivers under 21 might be charged with a DUI if they have any detectable alcohol or drugs in their system, even if they’re not over the limit.
DUI or DWI: Which Is It in Illinois?
Compared to other states, Illinois keeps it simple. If you’re in Illinois, all you need to know is this:
All impaired driving — whether you’re under the influence of alcohol, prescription medication, illegal drugs, or marijuana — is treated as driving under the influence (DUI). There is no DWI in Illinois law.
How Illinois Defines DUI
The Illinois Vehicle Code is specific in terms of what constitutes DUI. You can be charged with DUI in Illinois if you are driving or in physical control of a vehicle and you:
- Have a BAC of .08 or higher
- Are under the influence of alcohol, drugs, or or any other intoxicating compound to the degree that you can’t drive safely
- You have 5 nanograms or more of tetrahydrocannabinol (THC — the intoxicating compound of marijuana) per milliliter of blood
- You have 10 nanograms or more of THC per milliliter of other bodily substances.
What If You’re Not Over the Limit: Can You Still Be Charged with DUI?
A police officer can arrest you for being under suspicion of driving under the influence even if you’re not over the limit — or if you refuse a breathalyzer test. Officers can subjectively assess you for impairment. For example, if you blow below .08 but the officer who pulled you over reports that you’re slurring your words or your eyes are bloodshot, they can still arrest you for being impaired.
Illinois Drunk-Driving Laws: One Offense, Multiple Charges
You might not have to worry about any difference between a DUI and DWI in Illinois, but that doesn’t mean all DUI charges are equal.
A DUI can be a misdemeanor or a more severe felony charge, each carrying different penalties.
A first DUI offense is a Class A misdemeanor. The maximum penalties for a conviction are:
- Up to one year in jail
- A fine of up to $2,500
- Mandatory alcohol/drug evaluation.
On top of this, you will receive an automatic license suspension, which kicks in on the 46th day after your arrest. Your license will be suspended by six months if you took a chemical test and failed, or 12 months if you refused a test.
Multiple offenses carry more severe penalties.
A second offense is still a Class A misdemeanor, but you face a lengthier 1 to 3 year license suspension and mandatory jail time or lengthy community service.
Get three or more DUI offenses and you’re looking at felony charges.
Felony DUI Charges in Illinois
A DUI can also be a felony charge. There are several classes of felonies, beginning with a Class 4 Felony and moving up to a Class X Felony.
Felonies carry a fine of up to $25,000 and a mandatory jail term. The jail terms for each felony conviction are as follows:
- Class 4 Felony DUI: 1-3 years
- Class 3 Felony DUI: 2-5 years
- Class 2 Felony DUI: 3-7 years
- Class 1 Felony DUI: 4-15 years
- Class X Felony DUI: 6-30 years.
Usually, only those charged with a third, fourth, or subsequent DUI face felony charges.
But you can face a felony DUI even if it’s your first offense. For example, school bus drivers can be charged with felony DUI if there are minors on board. So can drivers who are charged with DUI after being involved in a motor vehicle accident that causes death or great bodily harm to another.
Even a second DUI offense can be charged as a felony (instead of a Class A misdemeanor) if they have a passenger under the age of 16.
What If You’re Under 21? Illinois’ Zero-Tolerance DUI Policy
We know Illinois doesn’t have a separate offense for drivers under 21. But Illinois takes a hard line on drivers who aren’t legally old enough to drink.
Illinois has a zero-tolerance policy for underage drinking and driving.
Any driver under 21 who officers have reasonable grounds to believe has drunk any alcohol can be asked for a blood, breath, or urine sample.
If they agree to chemical testing and fail the test, their license will be suspended. This is not a criminal violation. Instead, it’s similar to the statutory license suspension drivers over 21 will receive if they fail or refuse a test. But there are some key differences between a statutory summary suspension and the license suspension issued to drivers under 21:
- The pass/fail criteria
- The length of the license suspension.
In Illinois, a driver under 21 can receive a license suspension if they blow more than .00. In other words, if an individual has any alcohol in their system, they fail the test. This is the zero-tolerance policy in action.
If a driver agrees to a test and fails, their license will be suspended for three months. If they refuse the test, they’re looking at a six-month suspension.
And, if a driver has been suspended under the zero-tolerance law before, their license will be suspended for a year for failing a test, or two years if they refuse.
When Can a Driver Under 21 Be Charged with DUI?
Illinois DUI law holds drivers to the same standard. If a person is under 21, they can be charged with driving under the influence if they have a BAC of .08 or higher, just as any driver over 21 can be.
They can also be charged if they blow .05 or more and there is additional evidence that indicates they are impaired.
The standard DUI penalties apply to drivers under 21, but there are additional special penalties for underage DUIs. A first conviction will result in a minimum two-year license suspension. This suspension increases to a minimum of five years for a second underage DUI conviction.
Got a DUI in Illinois?
So, as we’ve explained, it’s not so much a question of the difference between a DUI and DWI in Illinois, because DWI isn’t recognized by state law.
What is more important is the type of DUI you’re charged with (misdemeanor or felony) and the penalties you could face.
In any case, talking to an experienced DUI attorney should be your top priority — even if you’re charged with a misdemeanor. A misdemeanor DUI carries the least severe penalties, and jail time is rare for a first offense, but it’s still serious. And, if you’re convicted, it will create a permanent criminal record. If you’re facing more serious charges, or it’s not your first DUI, legal help becomes even more important to understand what you’re facing and learn about your options.
An attorney can help you overturn your license suspension and build the right defense for your case. Every DUI is different, and the best outcome will depend on your unique situation. We’ll build a customized strategy focused on what’s right for you — based on our 114+ years of collective experience — because at Driver Defense Team, that’s all we do. Contact us today for your free quick quote and see how we can help you.
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