(312) 544-9909

5th DUI in Illinois

What is a 5th DUI in Illinois?

The penalties increase every time you are convicted of driving under the influence (DUI) of alcohol or drugs in Illinois. A fifth DUI conviction in Illinois is much more serious than a first time DUI. Over the past ten years, Illinois has cracked down on drunk drivers, making the penalties for DUI even more severe. Your fifth DUI conviction is a Class 1 felony.

The punishment for a Class 1 felony is a fine up to $25,000 and/or four to 15 years in state prison. The prison sentence for a Class 1 felony in Illinois would be administered by the Illinois Department of Corrections.

The penalty for a Class 1 Felony in Illinois will vary based on your case and is determined by the judge.

Class 1 Felony

A Class 1 Felony Illinois is the second most serious class of felonies in the state of Illinois. This class of felony involves very serious crimes, such as criminal sexual assault, possession of heroin/cocaine/opioids and theft valued up to $100,000.

Some other examples of Class 1 Felonies are:

  • Possession: Explosives, Incendiary Device
  • Residential Burglary
  • Vehicular Invasion
  • Cannabis Trafficking
  • Delivery Cannabis School Grounds
  • Possession of Controlled Substance
  • Criminal Sexual Assault
  • Aggravated Discharge of a Firearm
  • Aggravated Possession of Stolen Firearm
  • Second Degree Murder
  • A person who possesses, procures, transports, stores, or delivers with the intent that 10 or more grams but less than 20 grams of methamphetamine or a substance containing methamphetamine be manufactured
  • Burglary – in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship
  • Cannabis Plant(s) – More than 200 plants
  • Methamphetamine possession – 15 or more grams but less than 100 grams of methamphetamine or a substance containing methamphetamine


A 5th DUI where your blood alcohol is .16 or greater. It requires a mandatory minimum fine of $5,000. A 5th DUI Offense is a non-probational Class 1 Felony (4 to 15 years in prison) and a DUI Technology fee of $1,000, a $50 Roadside Memorial Fund Fee and a maximum fine of $25,000.

A 5th DUI where you had a passenger less than 16 years old in the vehicle with you requires a minimum fine of $25,000 and mandatory 25 days of community service in a program benefiting children.

A 5th DUI in Illinois resulting in great bodily harm, disfigurement or disability is an extendable Class 2 felony (1 to 12 years in prison) with 480 hours of community service.

Blood Alcohol Limit

BAC stands for blood alcohol content. Having a BAC of .08 or higher while driving is illegal. A BAC of twice the legal limit, .16, has increased penalties. On a fifth DUI, a BAC of .16 adds a mandatory minimum fine of $5,000 to your penalty.

Law enforcement agencies throughout the United States and Illinois have developed a no-tolerance policy toward the connection between drinking and driving. Penalties have become harsher and blood alcohol content minimums required for arrests have lowered quite a bit.

Why hire a DUI Defense Attorney?

If you are arrested for a 5th DUI in Illinois, make sure you call a reputable DUI defense attorney. A fifth DUI conviction has severe penalties. Call us today.