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Illinois DUI as a juvenile or motorist under 21

DUI in Illinois for juveniles or motorists under 21 years old means double trouble.

In Illinois anyone under the age of 21 years-old with any trace of alcohol in their system will lose their driving privileges based on a zero tolerance suspension, in addition to any penalties that may occur if arrested for a driving under the influence (DUI) as a juvenile, and can also result in criminal charges of unlawful consumption of alcohol by a minor.

Law enforcement officers are empowered to request a chemical test designed to measure or estimate the blood alcohol concentration (BAC) when the officer has probable cause to believe an underage driver has any trace of alcohol in their system. After the administration of such tests, the law enforcement officer is required to submit a sworn statement to the Illinois Secretary of State's Office. The result will be the suspension of the offender's driver's license.

The DUI attorneys at Fagan, Fagan & Davis focus on DUI defense at Chicago area courthouses in Cook County, Lake County and DuPage County. We can provide an experienced DUI defense, including assistance in advising you regarding the consequences of a DUI arrest for you or your child.

The so-called zero tolerance law in the state of Illinois prohibits a person under the age of 21 from purchasing, accepting, possessing or consuming alcoholic beverages. Infractions result in the suspension or revocation of driving privileges. Any person under age 21 who receives court supervision for the possession, consumption, purchase, or receipt of alcoholic beverages will receive a three-month suspension of driving their privileges. There are exemptions for the consumption of alcohol in the performance of a religious service or for using a prescribed/recommended dosage of medicine.

The Zero Tolerance Law in the state of Illinois also applies to drivers of motor vehicles who are under the age of 21. Aside from the loss of their driving privileges, the are possible fines and jail time. Other consequences as the result of drinking and driving may include higher insurance costs, court-ordered alcohol evaluation and treatment, court and attorney fees, as well as negative long-term effects on your driving record and possible job opportunities.

Zero tolerance while driving penalties

  • First offense: A three-month suspension of your driving privileges for a BAC which is higher than 0.00 percent.
  • Second offense: A one-year suspension of your driving privileges for a BAC which is higher than 0.00 percent.

Zero tolerance while driving with a refusal to submit to a chemical test

  • First violation: A six-month suspension of your driving privileges for the refusal or failure to complete a BAC test.
  • Second violation: A two-year suspension of your driving privileges for the refusal or failure to complete a BAC test.It should be noted that full driving privileges may not be restored until all applicable reinstatement fees are paid to the secretary of state's office.

Under the age of 21 DUI penalties

Any person who is under the age of 21 may be charged with DUI if they have a BAC of 0.08 percent or higher. They may also be charged if their BAC is higher than 0.05 percent and there is additional evidence that could prove impairment. They could be charged if there are any illegal drugs in their system. Or, they can be charged if there are other indications of impaired driving.

  • First DUI conviction: A minimum two-year revocation of your driving privileges.
  • Second DUI conviction: A minimum five-year revocation of driving privileges.
  • Restricted driving permit: An offender is not eligible for the restricted driving permit (RDP) that allows driving if a hardship can be shown until the first-year of the two-year license revocation period. So if you need to drive to get to work, you may be out of luck for a full year.
  • Ignition interlock device: An offender under the age of 18 may be ineligible for a breath alcohol ignition interlock device (BAIID) and may have to undergo remedial education and retesting just to resume your driving privileges.
  • Counseling: A minor may be ordered by a judicial officer to participate in the Youthful Intoxicated Driver's Visitation Program. The offender may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes may be viewed.
  • Standard penalties for DUI: Along with these special penalties for an underage DUI, a person who is convicted of a DUI will also face the standard penalties that apply for DUI offenders over the age of 21.

The attorneys at Fagan, Fagan & Davis have defended countless clients against DUI charges throughout the Chicago area courts, including those located in Cook County, DuPage County and Lake County. We understand which defense strategies are the most effective in court and how to challenge evidence gathered by law enforcement and offered by the prosecution. Contact us now for a free consultation.

Where do we appear in court?

We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout the Chicago area including Cook, Lake, DuPage, Kane and Will county courts, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton, Naperville, Elgin, St. Charles and more.