Understanding The Penalties For Underage DUI’s In Illinois

 Posted on December 04, 2014 in Criminal Defense

This time of year often brings home many college students, as well as lots of holiday parties. With this brings more opportunities for young adults to fall victim to underage DUI’s.

With the legal drinking age being 21 in the state of Illinois, any person who consumes alcohol under the age of 21 is illegal. However, in the state of Illinois, there are exceptions to this rule. These exceptions are: if alcohol is being consumed for religious reasons, and if alcohol is being consumed on private property and under the consent of a legal guardian.

Since Illinois is a zero tolerance state, if an individual that is underage is determined to have a Blood Alcohol Content (BAC) level of 0.00% or higher, then they will be charged with driving under the influence (DUI).

Below are the penalties that you may face if you are charged with an underage DUI:

1^st Conviction

• If BAC is between 0.00% and 0.08%, there is a 3-month suspension of your driver’s license.
• If BAC is 0.08%, there a minimum of a 2-year driver’s license suspension, as well as the potential for one to spend up to a year in prison and face the maximum fine of $2,500.

2^nd Conviction (within 5 years)

• If BAC is between 0.00% and 0.08%, there is a 1-year suspension of your driver’s license.
• If BAC is above 0.08%, there is a minimum of a 2-year driver’s license suspension, as well as little a 5 days in jail, or a maximum of up to a year. You also face the maximum fine of $2,500.

If a driver refuses the BAC test, upon the first offense, the driver will receive a 6-month suspension of their driving privileges. In the event that it occurs a second time, the driver will receive a 2-year suspension of their driving privileges.

If you or your child is facing an underage DUI charge, contact our underage DUI lawyers. At Law Offices of Donald J. Cosley, we not only stand up for your child’s rights, but we are also dedicated to protecting your child’s future.