CHAPTER 6 - THE ILLINOIS DRIVER LICENSING LAW

625 ILCS 5/6-304.1

Sec. 6-304.1. Permitting a driver under the influence to operate a motor vehicle. No person shall knowingly cause, authorize, or permit a motor vehicle owned by, or under the control of, such person to be driven or operated upon a highway by anyone who is under the influence of alcohol, other drugs, or combination thereof. This provision shall not apply to a spouse of the person who owns or has control of, or a co-owner of, a motor vehicle or to a bailee for hire.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Class A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code 8149
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Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Permitting a driver under the influence of alcohol or drugs to drive Class A Misdemeanor Rule 551 Mandate Release Eligible 8149
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 6-304.1. Permitting a driver under the influence to operate a motor vehicle. No person shall knowingly cause, authorize, or permit a motor vehicle owned by, or under the control of, such person to be driven or operated upon a highway by anyone who is under the influence of alcohol, other drugs, or combination thereof. This provision shall not apply to a spouse of the person who owns or has control of, or a co-owner of, a motor vehicle or to a bailee for hire.

Any person convicted of violating this Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 84-1394.)

Cross-Referenced ILCS Codes
625 ILCS 5/6-303(c-3)
Rule 551

Operating a vehicle not equipped with a BAIID required by MDDP; charge under 6-303 – Class 4 felony

Class 4 Felony
625 ILCS 5/6-303(c-4)
Rule 551

Driving while license suspended under statutory summary suspension (11-501.1); driver declined MDDP; charge under 6-303 – Class 4 felony

Class 4 Felony
625 ILCS 5/6-301
Rule 551

Unlawful use of license or permit – Class A misdemeanor; second or subsequent violation – Class 4 felony

Class 4 Felony
625 ILCS 5/6-301.1
Rule 551

Fictitious or altered driver’s license or permit – Class A misdemeanor

Class A Misdemeanor