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(708) 923-0368
Call today to schedule a free initial consultation
Call today to schedule a free initial consultation
Call today to schedule a free initial consultation
If one faces an underage DUI charge in Illinois or if a loved one does, then a good understanding of how seriously the offense is considered and what consequences this may bring about is important. The state of Illinois has quite strict laws for driving under the influence, especially when it comes to the age group below 21 years of age. With its Zero Tolerance Law, Illinois will come down with heavy penalties against any young driver who has even a trace amount of alcohol in his or her system.
Under the State of Illinois’ Zero Tolerance law, if a driver is under age 21 and has any trace of alcohol in his system, he will face certain penalties. Essentially, it differs from the standard DUI limit for adults, which includes a BAC of .08%. For drivers under the age of 21 years old, anything over 0.00% can mean big trouble.
What Illinois’ Zero Tolerance Law essentially means is that if a police officer stops a minor and detects positive alcohol consumption, the consequences are immediate. Even if the blood alcohol concentration is below 0.08%, that doesn’t exclude a driver from the consequences of violating the Zero Tolerance law. You also have to immediately serve an automatic six-month license suspension on the first offense and two years for any subsequent offenses if you refuse to submit to chemical testing. If you fail a chemical test, you face a three-month suspension on a first offense and one year on a subsequent offense. These suspensions are administrative and controlled by the Secretary of State. That means penalties can start before any criminal charges are dealt with.
If your BAC is 0.08% or higher, you will be charged with DUI, just like any other adult. Possible punishment for an underage DUI conviction in Illinois includes fines, community service, and possible jail time. You can serve up to a year in jail, with a fine of as much as $2,500 for a first offense. Your license will be suspended for two years.
A second offense carries increased penalties: mandatory five-day jail sentence or 240 hours of community service; mandatory minimum one year license suspension; and possible vehicle registration suspension.
The results of a minor DUI extend much farther than the initial penalty. After the suspension has been served, drivers under 21 years that are found guilty of a DUI are required to attend a driver education course before they are allowed to have their license reinstated. Furthermore, getting a DUI at such a young age can affect future employments, colleges, and auto insurance rates.
Of course, there are certain factors that make an underage DUI charge even more serious. For example, if one’s BAC is 0.16% or higher, one could face mandatory jail time and additional fines. If there are minors in the vehicle during the time of a DUI arrest, penalties can include extra jail time and community service hours that involve work with a child-related organization. These increased penalties show that Illinois is working to keep the roads safe and young drivers from taking risks that are simply not necessary.
Zero Tolerance applies to all under 21 caught driving with any detectable amount of alcohol in their system, though their BAC may well be below the legal limit of 0.08%. On the contrary, one will be booked for a DUI if one’s BAC is 0.08% or higher or if one is under the influence of drugs or other such substances.
You can refuse to take a breathalyzer or other chemical test, but you do so with immediate penalty under Illinois law. For drivers who are under 21, the penalty for refusing a test includes an automatic six-month suspension of your driver’s license for a first offense and two years for any subsequent offenses, whether or not you are ultimately convicted of DUI.
The conviction of underage driving under the influence of alcohol may lead to imprisonment, heavy fines, community service, and revocation or suspension of your license. First-time offenders will have to face imprisonment for up to one year and a fine of up to 2,500 dollars. In addition, a suspension of your license for two years is also imposed. The punishment for second offenses may include longer license suspensions and mandatory imprisonment or community services.
Yes, an underage DUI will have considerable and very constant, long-term effects on your future. Aside from the immediate sentences, having a DUI on your record makes it far more difficult to get particular jobs, apply to colleges, or get housing. You may have increased insurance rates for years to come.
You can apply to reinstate your license after serving the suspension period for an underage DUI. In doing this, you more than likely have to attend the driver education program and may be given a restricted permit to drive before going back to full driving privileges. It is handled by the Illinois Secretary of State, but depending on the severity of your situation, there might be additional requirements.
If your BAC is above 0.16%, you will receive harsher punishment in the eyes of the State of Illinois. Harsher punishment could include jail time and increased fines. Other circumstances, however, such as having minors in the vehicle, will also allow for further penalties, including community service and additional jail time.
Yes, a lawyer can help by examining the facts of your case, challenging any illegal procedures that may have been conducted at the time of your arrest, and seeking a fine or dismissal of the charges. The specific approach available under the law will rest on your specific circumstances, but effective representation often makes a significant difference in what ultimately happens to you.
Under Illinois law, a conviction for underage DUI will be permanently placed on your criminal record. That is, unless you, based on certain circumstances of your case, have it expunged or sealed, which could be done. This also means that it will show up on background checks for jobs, applications for school, and housing as well.
What’s more, some multiple DUI offenders may face the suspension of vehicle registration or impoundment/forfeiture of the vehicle altogether. Illinois statute permits suspension of your vehicle’s registration if one faces multiple DUIs or if there are aggravating factors in one’s case, like a very high BAC or the presence of minors in the car.
Underage DUI charges can be a nightmare to deal with. Michael D. Ettinger & Associates is dedicated to defending your rights as a youthful driver and striving for the most favorable defense on your behalf. If you or someone you love is accused of underage driving under the influence, you don’t have to face it by yourself. Contact our Palos Heights underage DUI lawyer at Michael D. Ettinger & Associates by calling 708-923-0368 to receive a free consultation.
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