People search “4th DUI in Illinois” more than they search “DUI lawyer,” and there’s a reason: by the time you’re on your second or third, you already know what a DUI is. What you need is the specific answer for your number. This page is that answer, pulled from 625 ILCS 5/11-501, with the Winnebago County reality layered on top. Each row links to a longer page for that offense.
The DUI penalty chart: 625 ILCS 5/11-501
| Offense | Class | Possible sentence | Mandatory minimums | License | Probation / supervision |
|---|---|---|---|---|---|
| 1st DUI | Class A misdemeanor | Up to 364 days jail, up to $2,500 fine | None at base level. BAC .16+: 100 hrs community service + $500 min fine. Child under 16 in the car: up to 6 months jail, $1,000 min fine, 25 days child-benefit community service. |
Statutory summary suspension: 6 months (fail) / 12 months (refuse) for a first offender. Revocation on conviction: minimum 1 year (2 if under 21). |
Court supervision available once per lifetime. Supervision = no conviction, no revocation. |
| 2nd DUI | Class A misdemeanor | Up to 364 days jail, up to $2,500 fine | 5 days jail or 240 hrs community service. BAC .16+: 2 days jail + $1,250 min fine. |
SSS: 1 year (fail) / 3 years (refuse). Revocation: minimum 5 years if the prior was within 20 years. |
No supervision. Probation or conditional discharge possible on top of the minimum. |
| 3rd DUI | Class 2 felony (aggravated DUI, 11-501(d)(2)(B)) | 3–7 years DOC, up to $25,000 fine | If probation: 10 days jail or 480 hrs community service. BAC .16+: 90 days jail + $2,500 min fine. Child under 16: $25,000 fine + 25 days community service. |
Revocation: minimum 10 years. | Probation possible. |
| 4th DUI | Class 2 felony, non-probationable (11-501(d)(2)(C)) | 3–7 years DOC, up to $25,000 fine | Prison. BAC .16+: $5,000 min fine. Child under 16: $25,000 fine + 25 days. | Lifetime revocation. A restricted driving permit may be possible after 5 years with a lifetime BAIID (6-205(c-5)). | No probation, no conditional discharge. |
| 5th DUI | Class 1 felony, non-probationable (11-501(d)(2)(D)) | 4–15 years DOC, up to $25,000 fine | Prison. Same fine enhancements as 4th. | Lifetime revocation. | No probation. |
| 6th or later DUI | Class X felony (11-501(d)(2)(E)) | 6–30 years DOC, up to $25,000 fine | Prison. Same fine enhancements. | Lifetime revocation. | No probation. |
Sentencing ranges from 730 ILCS 5/5-4.5-25 through 5-4.5-55. “Count” means prior DUI convictions or supervisions under 11-501 or a similar out-of-state law; Illinois has no look-back period for counting DUIs, so a 1998 supervision counts.
Aggravated DUI: the other ways a first DUI becomes a felony
The offense number is the most common route to a felony, but 11-501(d) lists others. Even a first DUI is aggravated DUI, a Class 4 felony or worse, if any of these apply:
| Circumstance | Class | Minimum |
|---|---|---|
| Driving while revoked or suspended for a prior DUI, SSS, reckless homicide, or leaving the scene (11-501(d)(1)(G)) | Class 4 felony | Probation possible with 480 hrs CS or 10 days jail |
| No valid driver’s license or permit (d)(1)(H) | Class 4 felony | Same |
| Knew or should have known the car was uninsured (d)(1)(I) | Class 4 felony | Same |
| Crash causing great bodily harm, permanent disability, or disfigurement (d)(1)(C) | Class 4 felony | 1–12 years if imprisoned |
| Crash causing death (d)(1)(F) | Class 2 felony | 3–14 years for one death, 6–28 for two or more, unless the court finds extraordinary circumstances requiring probation |
| Crash in a 20-mph school zone causing bodily harm (d)(1)(E) | Class 4 felony | — |
| Driving a school bus with passengers (d)(1)(B) | Class 4 felony | — |
| Second DUI with a child under 16 in the car (d)(1)(K) | Class 2 felony | $2,500 fine + 25 days CS; $5,000 if the child was hurt |
| Crash injuring a child under 16 passenger (d)(1)(J) | Class 4 felony | $2,500 fine + 25 days CS |
| Prior reckless homicide conviction (d)(1)(D) | Class 3 felony | No probation |
| For-hire vehicle with passengers (d)(1)(L) | Class 4 felony | — |
Full detail is on the aggravated DUI page.
The two cases inside every DUI
A DUI arrest in Illinois starts two separate proceedings, and most people only know about one of them.
The criminal case is the one in Winnebago County court. It decides guilt and the sentence from the chart above.
The statutory summary suspension is an administrative action by the Secretary of State that begins automatically 46 days after your arrest, whether or not you’re ever convicted. It’s triggered by failing a chemical test (.08+, or any amount of certain drugs, or 5 ng THC) or refusing one. First offenders get 6 months for a fail or 12 months for a refusal; everyone else gets 1 year or 3 years. The only way to stop it is a petition to rescind, which must be filed quickly and gets you a hearing within 30 days. We file these in nearly every DUI case we take. Details are on the statutory summary suspension page.
During a first-offender summary suspension you can usually drive with a Monitoring Device Driving Permit (MDDP) and a breath interlock in the car. Driving without the MDDP when you were eligible for one is a Class 4 felony under 6-303(c-3), which surprises a lot of people. That’s covered on the driving while suspended page.
What a first DUI usually looks like in Winnebago County
For a first offender with no crash, no child in the car, and a BAC under .16, the realistic range of outcomes in Rockford runs from dismissal or a reduction to reckless driving on one end to a conviction with a one-year revocation on the other. The outcome most first offenders end up with is court supervision: a finding of guilt that is not entered as a conviction, a period of supervision (typically 12–24 months), an alcohol evaluation and the classes it recommends, a victim impact panel, fines and costs, and at the end, no conviction and no revocation. You only get supervision for DUI once in your life, which is why the second DUI row on the chart looks so different from the first.
Whether supervision is on the table depends on the police reports, the video, the breath or blood result, and how the case is worked. Much more on this on the first-time DUI page.
Cannabis, prescription, and drug DUIs
Since legalization, Illinois DUI law has had a per-se THC limit: 5 nanograms per milliliter of whole blood or 10 ng/mL of other bodily substance within two hours of driving (11-501(a)(7), 11-501.2). Below that, the state has to prove actual impairment. Prescription medication taken as directed is not a defense if it impaired you (11-501(a)(4)), but it changes how the case is defended. These cases turn on the evidence of impairment in a way alcohol cases often don’t.
CDL holders
If you hold a commercial driver’s license, a DUI in your personal car still disqualifies your CDL for one year on a first offense and for life on a second, under 625 ILCS 5/6-514. Court supervision doesn’t prevent the CDL disqualification. This is one of the few DUI situations where a trial is sometimes the only path that protects the license. See CDL violations.
Getting your license back after a DUI revocation
A revocation has no automatic end. After the minimum period, you have to go through a Secretary of State hearing, informal for a first revocation, formal for anything more serious, and persuade a hearing officer that you’re a safe driver. That means an alcohol and drug evaluation, proof of treatment or education matching the evaluation’s risk classification, documented abstinence or non-problematic use, and letters. We prepare clients for these hearings and go with them. Full walk-through on the license reinstatement after DUI page.
Frequently asked questions
How many DUIs is a felony in Illinois?
The third. A third DUI is aggravated DUI, a Class 2 felony, regardless of how long ago the first two were. A first or second DUI can also be a felony if there was a crash with serious injury or death, a child in the car on a second offense, no valid license, no insurance, or you were already revoked for DUI.
Is there a look-back period for DUIs in Illinois?
No. Illinois counts every prior DUI conviction or supervision, with no time limit. The revocation periods under 6-208 do use a 20-year window for some calculations, but the offense count doesn’t.
What is the penalty for a 4th DUI in Illinois?
A Class 2 felony with 3 to 7 years in prison and no possibility of probation or conditional discharge, plus a lifetime revocation. After five years a restricted driving permit may be possible with a permanent breath interlock. The fourth DUI page covers it in full.
Can I get court supervision for a second DUI?
No. Supervision for DUI is once per lifetime under 730 ILCS 5/5-6-1(d). A second DUI carries a mandatory minimum of 5 days in jail or 240 hours of community service.
Do I lose my license immediately after a DUI arrest?
Not immediately. The statutory summary suspension starts on the 46th day after the arrest. The officer gives you a notice and a receipt that lets you drive for those 45 days. A petition to rescind filed in that window can stop the suspension.
Will a DUI from another state count?
Yes, if the out-of-state offense is “substantially similar” to Illinois DUI. A Wisconsin OWI counts.
Talk to a Rockford DUI lawyer
Every row on that chart has a range, and where you land in the range depends on work done in the first few weeks. Call or text (815) 391-0089 for a free consultation. We handle DUI cases in Winnebago, Boone, Stephenson, Ogle, and DeKalb Counties.