What Happens to Minors Who Drink and Drive in Illinois?

 Posted on September 10, 2019 in DUI

The state of Illinois has serious consequences for those who drink and drive. When a minor under the legal drinking age of 21 decides to operate a vehicle while intoxicated, they may face severe punishments that can have a lasting effect on the young person’s life. Illinois has a "Zero Tolerance Law" for underage drinking and driving. Under this law, a minor driver who is found with any amount of alcohol in their system will have their license suspended and will have to take a driving course before having their driving privileges reinstated. Even those minors who are caught attempting to purchase alcohol with a fake ID can suffer consequences.

Illinois Zero Tolerance Law

A conviction under the Zero Tolerance Law may not lead to punishments that are as serious as those for a regular DUI conviction. However, if a minor is stopped under suspicion of drunk driving, the officer who makes the stop can decide which charges will apply: DUI, Zero Tolerance, or both.

A driver under the age of 21 who is convicted under the Zero Tolerance Law will have their driving privileges suspended for three months for a first offense and one year for a second offense. DUI convictions can lead to:

• First conviction: Revoked driving privileges for a minimum of two years

• Second conviction: Revoked driving privileges for a minimum of five years

During a traffic stop, the minor driver may be asked to submit to a roadside breathalyzer test or field sobriety tests. These tests may be used to establish probable cause to make an arrest. Following the arrest, the driver will be asked to submit to a chemical test of their blood alcohol content. If they refuse, driving privileges will be suspended for six months for a first offense or two years for a second offense.

Other Offenses That Can Lead to Suspended Driving Privileges

It is tempting for minors to want to drink alcohol before their 21st birthday. However, Illinois law clearly states that if a minor attempts to purchase alcohol with a fake ID, they will have their driving privileges suspended. Loss of driving privileges can also occur if the underaged person is caught possessing alcohol either in or out of a motor vehicle. If a minor is convicted of the illegal purchase, possession, receipt, or consumption of alcohol, the penalties are as follows:

• Six-month driver's license suspension for first offenses;

• One-year driver's license suspension for second offenses; and

• Revocation of driver's license for subsequent offenses.

When the suspension term is up, a driver will have to complete a remedial driving course before being issued a new license. In some cases, the driver will have to retake a driver’s education course and final exam before earning their new license.

Contact a Joliet, IL Criminal Defense Lawyer

Minors are not the only ones to blame for a Zero Tolerance and/or DUI conviction. Parents can face consequences if they knowingly allow their child to drink alcohol and then let them get behind the wheel of a car. Everyone involved can have their lives altered after a DUI conviction. This is why having a knowledgeable lawyer from Tedone & Morton, P.C. in your corner is important when facing criminal charges. Our Will County underage DUI defense attorneys will be able to build a strong defense strategy and help keep your minor child’s driving privileges intact. To schedule a free consultation, call our office today at 815-666-1285.

Source:

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf