DUI/OWI Laws for Iowa, Illinois & Wisconsin

We just got done talking about being careful on the roads during the holidays and the importance of not drinking and driving. What if, somehow, our words of guidance aren’t followed and someone found themselves looking into the rear-view to find the notorious flashing lights while being a bit tipsy? You’re punishment will not be the same from state-to-state.

Check out the following consequences for DUI/OWI offenses in the Tri-State area (Iowa, Illinois & Wisconsin). Share this information with everyone you know. Hopefully the more people aware of the dangers, as well as consequences, of drunk driving, the less there will be of it.

Much of the following information is derived from: dui.drivinglaws.org

IOWA:

Under 21 Years Old .02% BAC
21 Years or Older .08% BAC
Commercial
.04% BAC

*BAC= Blood Alcohol Concentration

1st Offense:

*If it’s your first offense and your BAC is .08+ or you have a controlled substance without any prior DUI-related charges in the last 12 years, you can apply for a temporary restricted license. *

In Iowa, being convicted of a first offense OWI is considered a serious misdemeanor.

  • A minimum jail sentence of 48 Hours up to 1 Year.
  • Fines of at least $625 to $1,250.
  • License revocation for 180 Days.

2nd Offense:

In Iowa, a 2nd OWI conviction is considered an aggravated misdemeanor.

  • A minimum jail sentence of 7 days up to 2 years.
  • Fines of at least $1875 to $6250.
  • License revocation of up to 2 years.
  • Alcohol and substance abuse evaluation and treatment.

3rd Offense:

In Iowa, the third and consequent OWI conviction(s) are considered  a class “D” felony.

  • Up to 5 years in prison and a minimum of 30 days.
  • Fines of at least $3,225 to $9,375.
  • License revocation up to 6 years.
  • Alcohol and substance abuse evaluation and treatment.

ILLINOIS:

Under 21 Years Old
.00% BAC – zero tolerance
21 Years or Older
.08% BAC
Commercial .04% BAC

1st Offense:

In Illinois, the first 1st convicted DUI is considered a “Class A Misdemeanor.”

  • Up to 1 Year Jail time (no minimum). Add Up to 6 Months if a Child under 16 is in the vehicle.
  •  Minimum fine of $500 up to $2,500. Add $500 Minimum if BAC above .16. Add $1,000 Minimum if a Child under 16 is in the Vehicle.
  • 1 Year minimum license suspension.
  • Breath Alcohol Ignition Interlock Device might be mandatory.
  • Vehicle Registration Suspension.
  • Community Service – 100 Hours Minimum if BAC is above .16. Add 25 Days if a Child under 16 is in the Vehicle.

2nd Offense:

In Illinois, the 2nd convicted DUI is considered a “Class A Misdemanor.”

  • Minimum Jail sentence of 5 days up to 1 year. Add 2 days if BAC over .16. Add 1-3 years if a Child under 16 is in the vehicle.
  •  Minimum fine of $1,250 up to $2,500. Add $1,250 Minimum if BAC above .16. Add $5,000 Minimum (up to $25,000) if a Child under 16 is in the Vehicle and a crash occurred.
  • 5 Year minimum license suspension if convicted within 20 years of previous convicted DUI.
  • Breath Alcohol Ignition Interlock Device might be mandatory.
  • Vehicle Registration Suspension.
  • Community Service – 25 Days if a Child under 16 is in the Vehicle.

3rd Offense:

In Illinois, the 3nd convicted DUI is considered a “Class 2 Felony.”

  • Minimum Jail sentence of 10 days up to 3 year. Add 2 days if BAC over .16. Add 1-3 years if a Child under 16 is in the vehicle.
  •  Minimum fine of $2,500. Add $1,250 Minimum if BAC above .16. Add $25,000 if a Child under 16 is in the vehicle and a crash occurred.
  • 10 Year minimum license suspension if convicted within 20 years of previous convicted DUI.
  • Breath Alcohol Ignition Interlock Device might be mandatory.
  • Vehicle Registration Suspension.
  • Community Service – 25 Days if a Child under 16 is in the Vehicle.

Wisconsin:

Under 21 Years Old
.02% BAC
21 Years or Older
.08% BAC (.02% if 3+ convicted OWI’s)
Commercial .04% BAC

NOTE **ALL OWI’s in Wisconsin will give 6 demirit points per conviction.**

1st Offense:

  • Minimum Fine of $150 up to $300.
  • License suspended from 6 to 9 months.
  • 5 Days to 6 Months Jail time if there was a passenger under 16 years old in the vehicle.
  • Mandatory alcohol assessment/evaluation.

2nd Offense – Misdemeanor

  • Minimum Fine of $350 up to $1,100 fine plus surcharges.
  • 5 days to 6 months in jail.
  • License suspended from 12 to 18 months.
  • Ignition interlock restriction for 1 year once driving privileges are reinstated.
  • Mandatory alcohol assessment/evaluation.

3rd Offense – FELONY (if any prior offense within 5 years):

  • Minimum Fine of $600 up to $2,000 fine plus surcharges.
  • 45 days to 1 year in jail.
  • License suspended from 2 to 3 years.
  • Ignition interlock restriction for 1 year once driving privileges are reinstated.
  • Mandatory alcohol assessment/evaluation.

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